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Jerks v. State

36 Ga. App. 638
CourtCourt of Appeals of Georgia
DecidedApril 12, 1927
Docket17867
StatusPublished
Cited by6 cases

This text of 36 Ga. App. 638 (Jerks 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
Jerks v. State, 36 Ga. App. 638 (Ga. Ct. App. 1927).

Opinion

Luke, J.

On circumstantial evidence the defendant was convicted of possessing intoxicating liquor. Under the facts of the case it could be reasonably concluded that the small quantity of whisky found, in the [639]*639absence of tlie accused, in an outliouse on his premises, belonged to some one other than himself; and, since the evidence does not exclude every reasonable hypothesis save that of the guilt of the accused, the court erred in overruling the motion for a new trial. See Humphrey v. State, 25 Ga. App. 244 (102 S. E. 911); Turner v. State, 25 Ga. App. 234 (102 S. E. 847).

Decided April 12, 1927. D. R. Pearce, for plaintiff in error. M. H. Boyer, solicitor-general, contra.

Judgment reversed.

Broyles, O. J., and Bloodworth, J., concur.

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Related

Gibbs v. State
86 S.E.2d 369 (Court of Appeals of Georgia, 1955)
Harper v. State
69 S.E.2d 102 (Court of Appeals of Georgia, 1952)
Corbin v. State
67 S.E.2d 478 (Court of Appeals of Georgia, 1951)
Eads v. State
156 S.E. 647 (Court of Appeals of Georgia, 1931)
Rowland v. State
142 S.E. 917 (Court of Appeals of Georgia, 1928)

Cite This Page — Counsel Stack

Bluebook (online)
36 Ga. App. 638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jerks-v-state-gactapp-1927.