Logan v. State

Court of Appeals of Georgia

Logan v. State

25 S.E.2d 525, 69 Ga. App. 368, 1943 Ga. App. LEXIS 82

CourtCourt of Appeals of Georgia

DecidedApril 28, 1943

Docket30061.

StatusPublished

This text of 25 S.E.2d 525 (Logan 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

Logan v. State, 25 S.E.2d 525, 69 Ga. App. 368, 1943 Ga. App. LEXIS 82 (Ga. Ct. App. 1943).

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Opinion

Broyles, C. J.

The defendant was convicted in the criminal court of Pulton County of the offense of possessing whisky that did not bear the tax stamps prescribed by the State Revenue Commissioner. The case was tried by the judge without a jury, and the evidence authorized him to find that three cans of such whisky were found in the residence of the defendant. That evidence raised the presumption that the defendant was the owner and possessor of the whisky (Morgan v. State, 62 Ga. App. 493, 8 S. E. 2d, 694), and the presumption was not rebutted by the statement of the defendant, which was evidently rejected by the trial judge. The petition for certiorari was based solely upon the ground that the defendant’s conviction was not authorized by the evidence, and was properly overruled in the superior court.

Judgment affirmed.

MacIntyre and Gardner, JJ., concur.

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Broyles, C. J.

The defendant was convicted in the criminal court of Pulton County of the offense of possessing whisky that did not bear the tax stamps prescribed by the State Revenue Commissioner. The case was tried by the judge without a jury, and the evidence authorized him to find that three cans of such whisky were found in the residence of the defendant. That evidence raised the presumption that the defendant was the owner and possessor of the whisky (Morgan v. State, 62 Ga. App. 493, 8 S. E. 2d, 694), and the presumption was not rebutted by the statement of the defendant, which was evidently rejected by the trial judge. The petition for certiorari was based solely upon the ground that the defendant’s conviction was not authorized by the evidence, and was properly overruled in the superior court.

Judgment affirmed.

MacIntyre and Gardner, JJ., concur.

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Bluebook (online)

25 S.E.2d 525, 69 Ga. App. 368, 1943 Ga. App. LEXIS 82, Counsel Stack Legal Research, https://law.counselstack.com/opinion/logan-v-state-gactapp-1943.

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