Jacobs v. State

Court of Appeals of Georgia

Jacobs v. State

15 S.E.2d 557, 65 Ga. App. 144, 1941 Ga. App. LEXIS 278

CourtCourt of Appeals of Georgia

DecidedJune 19, 1941

Docket28914.

StatusPublished

Cited by2 cases

This text of 15 S.E.2d 557 (Jacobs 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

Jacobs v. State, 15 S.E.2d 557, 65 Ga. App. 144, 1941 Ga. App. LEXIS 278 (Ga. Ct. App. 1941).

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Opinion

MacIntyre, J.

The evidence for the State showed that the arresting officer stopped Annie Jacobs, the defendant, driving down the street in an automobile; that John Strickland, riding in the-car with her, had between his legs a croker-sack which contained a can of non-taxpaid whisky; and that the defendant stated that the whisky belonged to her. The officer arrested them both. In her statement to the jury she denied that she had owned the whisky,, and denied that she made such a confession, or that she knew what' was in the sack. The jury were authorized to find that she confessed that the whisky was hers, that the corpus delicti was proved ; and that even if John Strickland had the actual physical possession of the whisky, the legal presumption arising therefrom that the *145 whisky belonged to him was rebutted. Morris v. State, 51 Ga. App. 16 (179 S. E. 418); Berry v. State, 48 Ga. App. 303 (172 S. E. 647). The judge did not err in overruling the motion for new trial, based on only the general grounds.

Judgment affirmed.

Broyles, G. J., and Gardner, J., concur.

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MacIntyre, J.

The evidence for the State showed that the arresting officer stopped Annie Jacobs, the defendant, driving down the street in an automobile; that John Strickland, riding in the-car with her, had between his legs a croker-sack which contained a can of non-taxpaid whisky; and that the defendant stated that the whisky belonged to her. The officer arrested them both. In her statement to the jury she denied that she had owned the whisky,, and denied that she made such a confession, or that she knew what' was in the sack. The jury were authorized to find that she confessed that the whisky was hers, that the corpus delicti was proved ; and that even if John Strickland had the actual physical possession of the whisky, the legal presumption arising therefrom that the *145 whisky belonged to him was rebutted. Morris v. State, 51 Ga. App. 16 (179 S. E. 418); Berry v. State, 48 Ga. App. 303 (172 S. E. 647). The judge did not err in overruling the motion for new trial, based on only the general grounds.

Judgment affirmed.

Broyles, G. J., and Gardner, J., concur.

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15 S.E.2d 557, 65 Ga. App. 144, 1941 Ga. App. LEXIS 278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacobs-v-state-gactapp-1941.

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