Gordon v. State

177 S.E. 264, 50 Ga. App. 179, 1934 Ga. App. LEXIS 681

Opinion

Guerra, J.

The following constitutes all of the evidence introduced in the trial of the defendant for the possession of intoxicating liquors: “B. E. Houston, sheriff of Miller county, Georgia, . . testified: My name is B. E. Houston. I am sheriff of Miller county. I know Henry Gordon. I went down near Mr. Charlie Lane’s place on the 28th day of January, 1934. I had information that this boy and some others were down there drunk. I met this boy and two other boj^s. When Henry Gordon saw me, he threw a jug of whisky against a tree and bursted it. • I knew it was whisky. It smelt like liquor. Prom having smelt it, I say that it is intoxicating. I know it was liquor. He had the liquor in Miller county, Georgia, this county. (Cross-examination.) I knew it was liquor. I smelt it. I saw him burst the jug. It was intoxicating. He hit a tree with it when he saw me coming. He was drinking, he wasn’t drunk, but I smelt liquor on him.”

This evidence was amply sufficient to support the verdict of guilty. See, in this connection, Carroll v. State, 47 Ga. App. 781 (171 S. E. 574); Perkins v. State, 42 Ga. App. 356 (156 S. E. 289); Perry v. State, 38 Ga. App. 689 (145 S. E. 476); Smith v. State, 17 Ga. App. 118 (86 S. E. 283); Smith v. State, 34 Ga. App. 776 (131 S. E. 185); Parks v. State, 21 Ga. App. 506 (94 S. E. 628).

Judgment affirmed.

Broyles, C. J., and MacIntyre, J., concur.