Jewell v. State

Court of Appeals of Georgia

Jewell v. State

235 S.E.2d 637, 142 Ga. App. 169, 1977 Ga. App. LEXIS 1526

CourtCourt of Appeals of Georgia

DecidedMay 2, 1977

Docket53739

StatusPublished

Cited by1 cases

This text of 235 S.E.2d 637 (Jewell 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

Jewell v. State, 235 S.E.2d 637, 142 Ga. App. 169, 1977 Ga. App. LEXIS 1526 (Ga. Ct. App. 1977).

Pincite

Opinion

Quillian, Presiding Judge.

The defendant appeals his conviction for possession of nontax-paid liquor. Held:

1. The evidence was sufficient to sustain the verdict.

2. The trial judge charged: "Now I charge you Ladies and Gentlemen that in this State where a person is married, the husband is known as the head of the household and all contraband found on the premises absent an explanation as to ownership being in some other party, would be the responsibility and under the control and ownership of the head of the household, he being the husband.” This is contended to be erroneous.

"In this State the husband is recognized by 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.” Hendrix v. State, 24 Ga. App. 56, 57 (100 SE 55); Isom v. State, 32 Ga. App. 75 (122 SE 722). "To raise the presumption stated above, it is essential that it be proved that the husband and wife reside together on the premises where the whiskey is found.” Barron v. State, 46 Ga. App. 829 (2) (169 SE 323). Accord, Cole v. State, 109 Ga. App. 576, 578 (136 SE2d 483). The charge as given failed to include the correct maxim and was error.

Judgment reversed.

Shulman and Banke, JJ., concur.

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Quillian, Presiding Judge.

The defendant appeals his conviction for possession of nontax-paid liquor. Held:

1. The evidence was sufficient to sustain the verdict.

2. The trial judge charged: "Now I charge you Ladies and Gentlemen that in this State where a person is married, the husband is known as the head of the household and all contraband found on the premises absent an explanation as to ownership being in some other party, would be the responsibility and under the control and ownership of the head of the household, he being the husband.” This is contended to be erroneous.

"In this State the husband is recognized by 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.” Hendrix v. State, 24 Ga. App. 56, 57 (100 SE 55); Isom v. State, 32 Ga. App. 75 (122 SE 722). "To raise the presumption stated above, it is essential that it be proved that the husband and wife reside together on the premises where the whiskey is found.” Barron v. State, 46 Ga. App. 829 (2) (169 SE 323). Accord, Cole v. State, 109 Ga. App. 576, 578 (136 SE2d 483). The charge as given failed to include the correct maxim and was error.

Judgment reversed.

Shulman and Banke, JJ., concur.

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Bluebook (online)

235 S.E.2d 637, 142 Ga. App. 169, 1977 Ga. App. LEXIS 1526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jewell-v-state-gactapp-1977.

Opinion

1. The evidence was sufficient to sustain the verdict.

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