Hughes v. State

Court of Appeals of Georgia

Hughes v. State

17 S.E.2d 189, 66 Ga. App. 101, 1941 Ga. App. LEXIS 130

CourtCourt of Appeals of Georgia

DecidedOctober 22, 1941

Docket29130.

StatusPublished

This text of 17 S.E.2d 189 (Hughes 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.

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Hughes v. State, 17 S.E.2d 189, 66 Ga. App. 101, 1941 Ga. App. LEXIS 130 (Ga. Ct. App. 1941).

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Opinion

Broyles, C. J.

Harvey Hughes was convicted in the criminal court of Eulton County of the offense of possessing non-taxpaid whisky, and his certiorari was overruled by a judge of the superior court of Eulton County.

The contention of counsel for the accused is that the conviction was not authorized by the evidence. The trial judge, in his un *102 traversed and unexeepted to answer to the petition for certiorari, makes the following statement: “J. W. Gilbert, a witness sworn in behalf of the State, testified that after he and his partner, Mr. H. Barton, arrested this defendant, the defendant, who is the husband of Sarah Hughes and who lived with her at No. 10.28 Dim-mock Street, Fulton Co., Ga., where the whisky was found, admitted that 1 quart and 5 pints of the whisky, which was found under the house, belonged to him; that there were no tax stamps prescribed by the State Bevenue Commissioner affixed to the containers in which the whisky was found; that the statement made by Harvey Hughes that the whisky belonged to him was freely and voluntarily made; that there was no threat to lock up every one present unless some one claimed the whisky.” It is well-settled law that the untraversed and unexcepted-to answer of the trial judge must be accepted as conclusive of the facts stated in the answer. Martin v. State, 43 Ga. App. 334 (158 S. E. 803).

The evidence authorized the finding of the trial judge, sitting without the intervention of a jury; and the overruling of the certiorari was not error.

Judgment affirmed.

MacIntyre and Gardner, JJ., concur.

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Broyles, C. J.

Harvey Hughes was convicted in the criminal court of Eulton County of the offense of possessing non-taxpaid whisky, and his certiorari was overruled by a judge of the superior court of Eulton County.

The contention of counsel for the accused is that the conviction was not authorized by the evidence. The trial judge, in his un *102 traversed and unexeepted to answer to the petition for certiorari, makes the following statement: “J. W. Gilbert, a witness sworn in behalf of the State, testified that after he and his partner, Mr. H. Barton, arrested this defendant, the defendant, who is the husband of Sarah Hughes and who lived with her at No. 10.28 Dim-mock Street, Fulton Co., Ga., where the whisky was found, admitted that 1 quart and 5 pints of the whisky, which was found under the house, belonged to him; that there were no tax stamps prescribed by the State Bevenue Commissioner affixed to the containers in which the whisky was found; that the statement made by Harvey Hughes that the whisky belonged to him was freely and voluntarily made; that there was no threat to lock up every one present unless some one claimed the whisky.” It is well-settled law that the untraversed and unexcepted-to answer of the trial judge must be accepted as conclusive of the facts stated in the answer. Martin v. State, 43 Ga. App. 334 (158 S. E. 803).

The evidence authorized the finding of the trial judge, sitting without the intervention of a jury; and the overruling of the certiorari was not error.

Judgment affirmed.

MacIntyre and Gardner, JJ., concur.

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17 S.E.2d 189, 66 Ga. App. 101, 1941 Ga. App. LEXIS 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughes-v-state-gactapp-1941.

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