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Lunceford v. Mayor of Washington

88 S.E. 212, 17 Ga. App. 730, 1916 Ga. App. LEXIS 885
CourtCourt of Appeals of Georgia
DecidedMarch 17, 1916
Docket7145
StatusPublished
Cited by5 cases

This text of 88 S.E. 212 (Lunceford v. Mayor of Washington) 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
Lunceford v. Mayor of Washington, 88 S.E. 212, 17 Ga. App. 730, 1916 Ga. App. LEXIS 885 (Ga. Ct. App. 1916).

Opinion

Broyles, J.

1. The recorder erred in allowing a witness to testify, over timely objection by the accused, as to a statement made to him by another person, not in the presence or hearing of the accused, that he bought whisky from the defendant, and gave him a marked half-dollar, and that the defendant put the half-dollar in his pocket.

2. The record showing that the defendant and another person, as barbers, jointly occupied the room where the whisky was found, but that their business were entirely separate, and there being no direct evidence that the 'whisky belonged to the defendant, or that it did not belong to the other party, Chat Ware by name (he not having, so far as the record discloses, been put upon the stand), the judgment convicting the defendant was unauthorized.

3. The judge of the superior court erred in overruling the certiorari.

■Judgment reversed.

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Related

Miller v. State
150 S.E.2d 353 (Court of Appeals of Georgia, 1966)
Summerville v. State
17 S.E.2d 82 (Court of Appeals of Georgia, 1941)
Benson v. State
165 S.E. 329 (Court of Appeals of Georgia, 1932)
Cummings v. State
103 S.E. 687 (Court of Appeals of Georgia, 1920)
McGee v. State
100 S.E. 733 (Court of Appeals of Georgia, 1919)

Cite This Page — Counsel Stack

Bluebook (online)
88 S.E. 212, 17 Ga. App. 730, 1916 Ga. App. LEXIS 885, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lunceford-v-mayor-of-washington-gactapp-1916.