George v. State

Court of Appeals of Georgia

George v. State

87 S.E. 814, 17 Ga. App. 555, 1916 Ga. App. LEXIS 776

CourtCourt of Appeals of Georgia

DecidedJanuary 28, 1916

Docket6679

StatusPublished

This text of 87 S.E. 814 (George 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

George v. State, 87 S.E. 814, 17 Ga. App. 555, 1916 Ga. App. LEXIS 776 (Ga. Ct. App. 1916).

Pincite

Opinion

Russell, C. J.

1. The evidence in behalf of the State, if credible to the jury, authorized the inference that he was the agent of one who unlawfully sold whisky, and cast upon him the burden of rebutting this possible inference. The defendant’s statement at the trial afforded an explanation of the incriminatory inference raised by the circumstances presented by the prosecution, and tended to show that the accused was merely the agent of the buyer. It would have authorized the jury to acquit, had they given it preference to the sworn testimony; and they could not legally have convicted the accused if, in their opinion, his statement had been corroborated by an unimpeached witness. ■ Cannington v. State, 14 Ga. App. 814 (82 S. E. 356); Cowart v. State, 14 Ga. App. 763 (82 S. E. 313). However, it is clear, in view of the verdict (since there is no complaint that any error of law was committed in the trial), that the attempt to .impeach the witness whose testimony supported the statement of the accused- was successful, and the jury was therefore authorized to find that the defendant had failed to corroborate his statement, and thereby failed to overcome the prima facie case resting upon the inference that he had participated in an unlawful sale of intoxicants.

2. There was no error in refusing the motion for a new trial.

Judgment affirmed.

Accusation of sale of liquor; from city court of Valdosta— Judge Cranford. May 29, 1915.

Whitaker & Dukes, for plaintiff in error. James M. Johnson, solicitor, J. B. Copeland, contra. ■

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Russell, C. J.

1. The evidence in behalf of the State, if credible to the jury, authorized the inference that he was the agent of one who unlawfully sold whisky, and cast upon him the burden of rebutting this possible inference. The defendant’s statement at the trial afforded an explanation of the incriminatory inference raised by the circumstances presented by the prosecution, and tended to show that the accused was merely the agent of the buyer. It would have authorized the jury to acquit, had they given it preference to the sworn testimony; and they could not legally have convicted the accused if, in their opinion, his statement had been corroborated by an unimpeached witness. ■ Cannington v. State, 14 Ga. App. 814 (82 S. E. 356); Cowart v. State, 14 Ga. App. 763 (82 S. E. 313). However, it is clear, in view of the verdict (since there is no complaint that any error of law was committed in the trial), that the attempt to .impeach the witness whose testimony supported the statement of the accused- was successful, and the jury was therefore authorized to find that the defendant had failed to corroborate his statement, and thereby failed to overcome the prima facie case resting upon the inference that he had participated in an unlawful sale of intoxicants.

2. There was no error in refusing the motion for a new trial.

Judgment affirmed.

Accusation of sale of liquor; from city court of Valdosta— Judge Cranford. May 29, 1915.

Whitaker & Dukes, for plaintiff in error. James M. Johnson, solicitor, J. B. Copeland, contra. ■

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Bluebook (online)

87 S.E. 814, 17 Ga. App. 555, 1916 Ga. App. LEXIS 776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/george-v-state-gactapp-1916.

Opinion

2. There was no error in refusing the motion for a new trial.

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