McDaniel v. State

Court of Appeals of Georgia

McDaniel v. State

122 S.E. 639, 32 Ga. App. 19, 1924 Ga. App. LEXIS 223

CourtCourt of Appeals of Georgia

DecidedApril 15, 1924

Docket15259

StatusPublished

This text of 122 S.E. 639 (McDaniel 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

McDaniel v. State, 122 S.E. 639, 32 Ga. App. 19, 1924 Ga. App. LEXIS 223 (Ga. Ct. App. 1924).

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Opinion

Broyles, C. J.

' The defendant was convicted of manufacturing whisky. The evidence failed to establish that any whisky had been made at the distillery in question, or that the beer found there by the arresting officers was intoxicating. The verdict, therefore, was unauthorized, and the overruling of the motion for a new trial was error. If the conviction had been for an attempt to manufacture whisky, another question would have been presented.

Judgment reversed.

Lulce and Bloodworth, JJ., concur.

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Broyles, C. J.

' The defendant was convicted of manufacturing whisky. The evidence failed to establish that any whisky had been made at the distillery in question, or that the beer found there by the arresting officers was intoxicating. The verdict, therefore, was unauthorized, and the overruling of the motion for a new trial was error. If the conviction had been for an attempt to manufacture whisky, another question would have been presented.

Judgment reversed.

Lulce and Bloodworth, JJ., concur.

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Bluebook (online)

122 S.E. 639, 32 Ga. App. 19, 1924 Ga. App. LEXIS 223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdaniel-v-state-gactapp-1924.