Jenkins v. State

Court of Appeals of Georgia

Jenkins v. State

179 S.E. 597, 51 Ga. App. 95, 1935 Ga. App. LEXIS 572

CourtCourt of Appeals of Georgia

DecidedApril 8, 1935

Docket24608

StatusPublished

Cited by3 cases

This text of 179 S.E. 597 (Jenkins 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

Jenkins v. State, 179 S.E. 597, 51 Ga. App. 95, 1935 Ga. App. LEXIS 572 (Ga. Ct. App. 1935).

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Opinion

Guerry, J.

'“In this State the husband is recognized by the law as the head of his family, and, where he and his wife reside together, the legal presumption is that the house and all the household effects, including any intoxicating liquors, belong to the husband as the head of the family. This presumption of course is rebuttable.” Penney v. State, 43 Ga. App. 466. See also Dailey v. State, 47 Ga. App. 57 (169 S. E. 678); Barron v. State, 46 Ga. App. 829 (169 S. E. 323); Black v. State, 41 Ga. App. 349 (152 S. E. 922); Buchanan v. State, 34 Ga. App. 155 (128 S. E. 686); Isom v. State, 32 Ga. App. 75 (122 S. E. 722); Harris v. State, 28 Ga. App. 463 (111 S. E. 686); Smith v. Berman, 8 Ga. App. 262 (68 S. E. 1014); Hill v. State, 50 Ga. App. 288 (177 S. E. 826). Under this ruling the evidence in this case was insufficient to sustain the verdict finding the defendant guilty of having, possessing, and controlling intoxicating liquors. The whisky was found in the house occupied by the defendant and her husband, and no other evidence was produced tending to show that it was in her possession, exclusive of her husband. The court therefore erred in overruling the motion for a new trial.

Judgment reversed.

Broyles, G. J., and Maolntyre, J., concur.

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Guerry, J.

'“In this State the husband is recognized by the law as the head of his family, and, where he and his wife reside together, the legal presumption is that the house and all the household effects, including any intoxicating liquors, belong to the husband as the head of the family. This presumption of course is rebuttable.” Penney v. State, 43 Ga. App. 466. See also Dailey v. State, 47 Ga. App. 57 (169 S. E. 678); Barron v. State, 46 Ga. App. 829 (169 S. E. 323); Black v. State, 41 Ga. App. 349 (152 S. E. 922); Buchanan v. State, 34 Ga. App. 155 (128 S. E. 686); Isom v. State, 32 Ga. App. 75 (122 S. E. 722); Harris v. State, 28 Ga. App. 463 (111 S. E. 686); Smith v. Berman, 8 Ga. App. 262 (68 S. E. 1014); Hill v. State, 50 Ga. App. 288 (177 S. E. 826). Under this ruling the evidence in this case was insufficient to sustain the verdict finding the defendant guilty of having, possessing, and controlling intoxicating liquors. The whisky was found in the house occupied by the defendant and her husband, and no other evidence was produced tending to show that it was in her possession, exclusive of her husband. The court therefore erred in overruling the motion for a new trial.

Judgment reversed.

Broyles, G. J., and Maolntyre, J., concur.

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Bluebook (online)

179 S.E. 597, 51 Ga. App. 95, 1935 Ga. App. LEXIS 572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-v-state-gactapp-1935.

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