McQuire v. State

Court of Appeals of Georgia

McQuire v. State

60 S.E.2d 526, 82 Ga. App. 132, 1950 Ga. App. LEXIS 1068

CourtCourt of Appeals of Georgia

DecidedJuly 14, 1950

Docket33108

StatusPublished

Cited by5 cases

This text of 60 S.E.2d 526 (McQuire 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

McQuire v. State, 60 S.E.2d 526, 82 Ga. App. 132, 1950 Ga. App. LEXIS 1068 (Ga. Ct. App. 1950).

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Opinions

Gardner, J.

1. All who aid and abet in the commission of a misdemean- or, as well as those who immediately perpetrate it are principals. Southern Express Co. v. State, 6 Ga. App. 31 (64 S. E. 341); Bracewell v. State, 21 Ga. App. 133 (94 S. E. 91).

2. There is a legal rebuttable presumption that all the household effects, including any intoxicating liquors, belong to the head of the house. Baron v. State, 46 Ga. App. 829 (169 S. E. 323); Penney v. State, 43 Ga. App. 466 (159 S. E. 289).

3. Where the State relies for a conviction on circumstantial evidence alone, the proved facts must not only be consistent with the hypothesis of guilt, but must exclude every other reasonable hypothesis except that of the guilt of the accused. Code, § 38-109 and cases there cited.

4. In view of the foregoing principles of law, the evidence in the instant case is sufficient to overcome the presumption that any whisky that may have been in the home was in the charge, custody and control of the mother of the defendant, she being the head of the house. It is sufficient to have authorized the jury to find that the defendant was aiding and abetting in the commission of a misdemeanor and actively participating therein. It is also sufficient to exclude every other reasonable hypothesis save that of the guilt of the accused.

[133]*133Decided July 14, 1950.

The judgment of the trial court overruling the motion for a new trial is without error.

Judgment affirmed.

Sutton, C.J., MacIntyre, P.J., Felton and Worrill, JJ., concur. Townsend, J., dissents.

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Gardner, J.

1. All who aid and abet in the commission of a misdemean- or, as well as those who immediately perpetrate it are principals. Southern Express Co. v. State, 6 Ga. App. 31 (64 S. E. 341); Bracewell v. State, 21 Ga. App. 133 (94 S. E. 91).

2. There is a legal rebuttable presumption that all the household effects, including any intoxicating liquors, belong to the head of the house. Baron v. State, 46 Ga. App. 829 (169 S. E. 323); Penney v. State, 43 Ga. App. 466 (159 S. E. 289).

3. Where the State relies for a conviction on circumstantial evidence alone, the proved facts must not only be consistent with the hypothesis of guilt, but must exclude every other reasonable hypothesis except that of the guilt of the accused. Code, § 38-109 and cases there cited.

4. In view of the foregoing principles of law, the evidence in the instant case is sufficient to overcome the presumption that any whisky that may have been in the home was in the charge, custody and control of the mother of the defendant, she being the head of the house. It is sufficient to have authorized the jury to find that the defendant was aiding and abetting in the commission of a misdemeanor and actively participating therein. It is also sufficient to exclude every other reasonable hypothesis save that of the guilt of the accused.

[133]*133Decided July 14, 1950.

The judgment of the trial court overruling the motion for a new trial is without error.

Judgment affirmed.

Sutton, C.J., MacIntyre, P.J., Felton and Worrill, JJ., concur. Townsend, J., dissents.

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60 S.E.2d 526, 82 Ga. App. 132, 1950 Ga. App. LEXIS 1068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcquire-v-state-gactapp-1950.

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