Lewis v. State

Court of Appeals of Georgia

Lewis v. State

14 S.E.2d 599, 65 Ga. App. 25, 1941 Ga. App. LEXIS 236

CourtCourt of Appeals of Georgia

DecidedApril 30, 1941

Docket28965.

StatusPublished

This text of 14 S.E.2d 599 (Lewis 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

Lewis v. State, 14 S.E.2d 599, 65 Ga. App. 25, 1941 Ga. App. LEXIS 236 (Ga. Ct. App. 1941).

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Opinion

Broyles, C. J.

The defendant was convicted of possessing unstamped and non-tax-paid whisky. The evidence for. the State showed that the officers found a small quantity of such whisky in the defendant’s home. Such a finding “created a legal presumption that he was the owner and possessor thereof. This presumption was rebuttable.” Morgan v. State, 62 Ga. App. 493 (8 S. E. 2d, 694). In the instant case the jury were amply authorized to find that the presumption was not rebutted, the defendant introducing no evidence, and in his statement to the jury merely denying that any whisky was found in his home. The verdict was authorized by the evidence, and the court did not err in overruling the motion for new trial, embracing only the general grounds.

Judgment affirmed.

MacIntyre and Gardner, JJ., concur.

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Broyles, C. J.

The defendant was convicted of possessing unstamped and non-tax-paid whisky. The evidence for. the State showed that the officers found a small quantity of such whisky in the defendant’s home. Such a finding “created a legal presumption that he was the owner and possessor thereof. This presumption was rebuttable.” Morgan v. State, 62 Ga. App. 493 (8 S. E. 2d, 694). In the instant case the jury were amply authorized to find that the presumption was not rebutted, the defendant introducing no evidence, and in his statement to the jury merely denying that any whisky was found in his home. The verdict was authorized by the evidence, and the court did not err in overruling the motion for new trial, embracing only the general grounds.

Judgment affirmed.

MacIntyre and Gardner, JJ., concur.

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Bluebook (online)

14 S.E.2d 599, 65 Ga. App. 25, 1941 Ga. App. LEXIS 236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-state-gactapp-1941.

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