Gillespie v. State

Court of Appeals of Georgia

Gillespie v. State

89 S.E. 1088, 18 Ga. App. 612, 1916 Ga. App. LEXIS 1139

CourtCourt of Appeals of Georgia

DecidedSeptember 21, 1916

Docket7514

StatusPublished

This text of 89 S.E. 1088 (Gillespie 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

Gillespie v. State, 89 S.E. 1088, 18 Ga. App. 612, 1916 Ga. App. LEXIS 1139 (Ga. Ct. App. 1916).

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Opinion

Hill, J.

1. Testimony that whisky was taken from the house of the accused was admissible in evidence against him on his trial for a violation of the prohibition law, notwithstanding the fact that the whisky was discovered by an unlawful search and seizure. This testimony was not rendered inadmissible by the constitutional inhibition against un-reasonable searches and seizures, nor by the constitutional guarantee that no person shall be compelled to give testimony tending to criminate himself, there being no evidence that the accused was compelled to deliver the whisky to the officers who made the search for and seizure of the same, and who testified that it was found in his house. Calhoun v. State, 144 Ga. 679 (87 S. E. 893); Duren v. Thomasville, 125 Ga. 1 (53 S. E. 814).

2. The verdict was fully supported by the evidence. Judgment affirmed.

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Hill, J.

1. Testimony that whisky was taken from the house of the accused was admissible in evidence against him on his trial for a violation of the prohibition law, notwithstanding the fact that the whisky was discovered by an unlawful search and seizure. This testimony was not rendered inadmissible by the constitutional inhibition against un-reasonable searches and seizures, nor by the constitutional guarantee that no person shall be compelled to give testimony tending to criminate himself, there being no evidence that the accused was compelled to deliver the whisky to the officers who made the search for and seizure of the same, and who testified that it was found in his house. Calhoun v. State, 144 Ga. 679 (87 S. E. 893); Duren v. Thomasville, 125 Ga. 1 (53 S. E. 814).

2. The verdict was fully supported by the evidence. Judgment affirmed.

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Bluebook (online)

89 S.E. 1088, 18 Ga. App. 612, 1916 Ga. App. LEXIS 1139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gillespie-v-state-gactapp-1916.

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