King v. State

Court of Appeals of Georgia

King v. State

91 S.E.2d 792, 93 Ga. App. 403, 1956 Ga. App. LEXIS 751

CourtCourt of Appeals of Georgia

DecidedFebruary 16, 1956

Docket36046

StatusPublished

This text of 91 S.E.2d 792 (King 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

King v. State, 91 S.E.2d 792, 93 Ga. App. 403, 1956 Ga. App. LEXIS 751 (Ga. Ct. App. 1956).

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Opinion

Townsend, J.

In this State, where the husband and wife reside together there is a legal presumption that all household effects, including non-tax-paid liquor, found on the premises belong to the husband. This presumption is, however, rebuttable, and where on a search of the premises non-tax-paid liquor is found in the house which the wife admits is in her charge, nothing more appearing, the words “I am in charge of the whisky” may be presumed to mean “I am in possession and control of the whisky” so as to authorize her conviction for possessing non-tax-paid liquor. Isom v. State, 32 Ga. App. 75 (122 S. E. 722); Roberson v. State, 72 Ga. App. 54 (32 S. E. 2d 913). The trial court did not err in overruling the motion for a new trial on the general grounds.

Judgment affirmed.

Gardner, P. J., and Carlisle, J., concur.

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Townsend, J.

In this State, where the husband and wife reside together there is a legal presumption that all household effects, including non-tax-paid liquor, found on the premises belong to the husband. This presumption is, however, rebuttable, and where on a search of the premises non-tax-paid liquor is found in the house which the wife admits is in her charge, nothing more appearing, the words “I am in charge of the whisky” may be presumed to mean “I am in possession and control of the whisky” so as to authorize her conviction for possessing non-tax-paid liquor. Isom v. State, 32 Ga. App. 75 (122 S. E. 722); Roberson v. State, 72 Ga. App. 54 (32 S. E. 2d 913). The trial court did not err in overruling the motion for a new trial on the general grounds.

Judgment affirmed.

Gardner, P. J., and Carlisle, J., concur.

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Bluebook (online)

91 S.E.2d 792, 93 Ga. App. 403, 1956 Ga. App. LEXIS 751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/king-v-state-gactapp-1956.

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