Gunn v. State

Court of Appeals of Georgia

Gunn v. State

110 S.E. 326, 28 Ga. App. 116, 1922 Ga. App. LEXIS 330

CourtCourt of Appeals of Georgia

DecidedJanuary 18, 1922

Docket13011

StatusPublished

Cited by1 cases

This text of 110 S.E. 326 (Gunn 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

Gunn v. State, 110 S.E. 326, 28 Ga. App. 116, 1922 Ga. App. LEXIS 330 (Ga. Ct. App. 1922).

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Opinion

Bloodworth, J.

The accused was convicted of the offense of manufacturing liquor. The only evidence to connect him with the crime was the fact that when an officer entered the home of another person about midnight, he found a distillery in operation, and the accused, who was present, sought shelter under a bed in the-room [117]*117where the still was located. The accused gave a reasonable explanation of his presence. The evidence is not sufficient to exclude every reasonable hypothesis save that of the guilt of the accused. In Griffin v. State, 2 Ga. App. 534 (58 S. E. 781), it was held: “Neither presence nor flight, nor both together, without more, is conclusive of guilt.” See Thomas v. State, 25 Ga. App. 558 (3) (103 S. E. 859).

Judgment reversed.

Broyles, C. J., and Luke, J., concur.

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Bloodworth, J.

The accused was convicted of the offense of manufacturing liquor. The only evidence to connect him with the crime was the fact that when an officer entered the home of another person about midnight, he found a distillery in operation, and the accused, who was present, sought shelter under a bed in the-room [117]*117where the still was located. The accused gave a reasonable explanation of his presence. The evidence is not sufficient to exclude every reasonable hypothesis save that of the guilt of the accused. In Griffin v. State, 2 Ga. App. 534 (58 S. E. 781), it was held: “Neither presence nor flight, nor both together, without more, is conclusive of guilt.” See Thomas v. State, 25 Ga. App. 558 (3) (103 S. E. 859).

Judgment reversed.

Broyles, C. J., and Luke, J., concur.

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Bluebook (online)

110 S.E. 326, 28 Ga. App. 116, 1922 Ga. App. LEXIS 330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gunn-v-state-gactapp-1922.

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