Hanson v. State

Court of Appeals of Georgia

Hanson v. State

114 S.E.2d 887, 101 Ga. App. 636, 1960 Ga. App. LEXIS 969

CourtCourt of Appeals of Georgia

DecidedApril 14, 1960

Docket38234

StatusPublished

This text of 114 S.E.2d 887 (Hanson 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

Hanson v. State, 114 S.E.2d 887, 101 Ga. App. 636, 1960 Ga. App. LEXIS 969 (Ga. Ct. App. 1960).

Pincite

Opinions

Gardner, Presiding Judge.

The defendant was convicted on an indictment charging the making of distilled spirits, alcohol, whisky, mixed liquors and beverages in a dry county. His motion for a judgment notwithstanding the verdict was denied, and he assigns error on this judgment.

[637]*637Decided April 14, 1960 Rehearing denied May 12,1960. Walton Hardin, for plaintiff in error. J. Cecil Davis, Solicitor-General, contra.

In Wilson v. State, 215 Ga. 775 (113 S. E. 2d 607), the Supreme Court said: “There is no provision of law for the court in the trial of a criminal case to entertain a motion for a judgment of not guilty notwithstanding a verdict of guilty.”

It follows that the verdict of the jury finding the defendant guilty must stand, inasmuch as the motion for a judgment notwithstanding the verdict could not properly be before the court in the trial of a criminal case and is not before this court.

Judgment affirmed.

Townsend, Carlisle and Frankum, JJ., concur.

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