Dunn v. State

123 S.E. 905, 32 Ga. App. 491, 1924 Ga. App. LEXIS 490

Opinion

Luke, J.

1. “In the absence of evidence to the contrary, it may be inferred that a liquor called for and delivered and paid for as whisky is whisky, and therefore intoxicating liquor.” Tompkins v. State, 2 Ga. App. 639 (58 S. E. 1111). See also Lewis v. State, 6 Ga. App. 779 (65 S. E. 842); Howard v. State, 7 Ga. App. 61 (2) (65 S. E. 1076). Under this ruling the admission of evidence as to which complaint is made in the motion for a new trial was not error.

2. Failure to instruct the jury on the law of impeachment of witnesses is complained of, but it is not shown that such a charge was requested. It is well settled that it is not reversible error for the court to fail to instruct the jury upon that subject, in the absence of a timely written request to do so. Tobin v. State, 29 Ga. App. 305 (3) (115 S. E. 36), and cit.

3. The refusal to declare a mistrial because of the remarks of the prosecut ing attorney does not, under the facts of this case, require a reversal of the judgment below.

Decided July 15, 1924.

4. The evidence amply authorized the verdict, and the court did not err in overruling the motion for a new trial.

Judgment affirmed.

■Broyles, O. J., and Bloodworth, J., concur. Hallie Bell, J. F. Urquhart, T. A. Jacobs Jr., for plaintiff in error. Roy W. Moore, solicitor, contra.