Dorsey v. State

Court of Appeals of Georgia

Dorsey v. State

16 S.E.2d 521, 65 Ga. App. 792, 1941 Ga. App. LEXIS 413

CourtCourt of Appeals of Georgia

DecidedSeptember 17, 1941

Docket29063.

StatusPublished

This text of 16 S.E.2d 521 (Dorsey v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dorsey v. State, 16 S.E.2d 521, 65 Ga. App. 792, 1941 Ga. App. LEXIS 413 (Ga. Ct. App. 1941).

Pincite

Opinion

Broyles, C. J.

The defendant was convicted in the criminal court of Fulton County of possessing twelve gallons of non-taxpaid whisky. His certiorari was overruled by a judge of the superior court and that judgment is assigned as error. The evidence, while circumstantial, was sufficient to authorize the trial judge, sitting without the intervention of a jury, to find that it excluded every reasonable hypothesis save that of the defendant’s guilt. The introduction of evidence showing that the defendant had previously pleaded guilty to a similar offense was not error. The evidence was admissible for the purpose of showing the intent or motive of the accused, and to discredit his statement to the jury that the twelve gallons of whisky found on his premises were not his property. The overruling of the certiorari was not error for any reason assigned.

Judgment affirmed.

MacIntyre and Gardner, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Broyles, C. J.

The defendant was convicted in the criminal court of Fulton County of possessing twelve gallons of non-taxpaid whisky. His certiorari was overruled by a judge of the superior court and that judgment is assigned as error. The evidence, while circumstantial, was sufficient to authorize the trial judge, sitting without the intervention of a jury, to find that it excluded every reasonable hypothesis save that of the defendant’s guilt. The introduction of evidence showing that the defendant had previously pleaded guilty to a similar offense was not error. The evidence was admissible for the purpose of showing the intent or motive of the accused, and to discredit his statement to the jury that the twelve gallons of whisky found on his premises were not his property. The overruling of the certiorari was not error for any reason assigned.

Judgment affirmed.

MacIntyre and Gardner, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

16 S.E.2d 521, 65 Ga. App. 792, 1941 Ga. App. LEXIS 413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dorsey-v-state-gactapp-1941.