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Mack v. State

42 S.E. 776, 116 Ga. 546, 1902 Ga. LEXIS 172
CourtSupreme Court of Georgia
DecidedNovember 12, 1902
StatusPublished
Cited by19 cases

This text of 42 S.E. 776 (Mack v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mack v. State, 42 S.E. 776, 116 Ga. 546, 1902 Ga. LEXIS 172 (Ga. 1902).

Opinion

Fish, J.

1. On the trial of one charged with having violated the law by illegally selling intoxicating liquor, proof that the accused received money from another person, accompanied with a request to procure whisky for the latter, and shortly thereafter delivered whisky to such person, puts the onus on the defendant of explaining where, how, and from whom he got the liquor (Grant v. State, 87 Ga. 265); and if the explanation offered by him is supported only by his own statement, the jury, if they believe it to be a mere subterfuge to cover up an illegal sale by himself, are authorized to find him guilty. White v. State, 93 Ga. 47.

2. There was no evidence whatever in the record to support the grounds of the motion for a new trial based upon alleged newly discovered evidence.

Judgment affirmed.

All the Justices concurring, except Lumpkin, P. J., absent, and Candler, J., not presiding.

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73 S.E. 46 (Court of Appeals of Georgia, 1911)
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Bluebook (online)
42 S.E. 776, 116 Ga. 546, 1902 Ga. LEXIS 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mack-v-state-ga-1902.