Pace v. State

Court of Appeals of Georgia

Pace v. State

13 S.E.2d 189, 64 Ga. App. 387, 1941 Ga. App. LEXIS 70

CourtCourt of Appeals of Georgia

DecidedFebruary 13, 1941

Docket28727.

StatusPublished

This text of 13 S.E.2d 189 (Pace 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.

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Pace v. State, 13 S.E.2d 189, 64 Ga. App. 387, 1941 Ga. App. LEXIS 70 (Ga. Ct. App. 1941).

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Opinion

Broyles, C. J.

It is well settled by numerous decisions of the Supreme Court and this court that in a prosecution for the illegal possession of intoxicating liquors, it is not error to admit evidence that on other occasions, both before and after the date of the offense charged in the accusation, such liquors were found in the possession of the accused. Cole v. State, 120 Ga. 485 (48 S. E. 156) ; Jones v. State, 32 Ga. App. 7 (122 S. E. 738), and cit.; Hayes v. State, 36 Ga. App. 668 (137 S. E. 860). Such evidence is admissible to show the motive, intent, design, and identity of the defendant.

*388 Decided February 13, 1941. Joseph O. McGehee, for plaintiff in error. J. R. Thompson Jr., solicitor, Lennie F. Davis, contra.

Applying the above-stated ruling to the facts of the instant ease, the two special assignments of error are without merit.

The evidence, while in conflict, amply authorized the conviction of the accused.

Judgment affirmed.

MacIntyre and Gardner. JJ., concur.

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Broyles, C. J.

It is well settled by numerous decisions of the Supreme Court and this court that in a prosecution for the illegal possession of intoxicating liquors, it is not error to admit evidence that on other occasions, both before and after the date of the offense charged in the accusation, such liquors were found in the possession of the accused. Cole v. State, 120 Ga. 485 (48 S. E. 156) ; Jones v. State, 32 Ga. App. 7 (122 S. E. 738), and cit.; Hayes v. State, 36 Ga. App. 668 (137 S. E. 860). Such evidence is admissible to show the motive, intent, design, and identity of the defendant.

*388 Decided February 13, 1941. Joseph O. McGehee, for plaintiff in error. J. R. Thompson Jr., solicitor, Lennie F. Davis, contra.

Applying the above-stated ruling to the facts of the instant ease, the two special assignments of error are without merit.

The evidence, while in conflict, amply authorized the conviction of the accused.

Judgment affirmed.

MacIntyre and Gardner. JJ., concur.

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13 S.E.2d 189, 64 Ga. App. 387, 1941 Ga. App. LEXIS 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pace-v-state-gactapp-1941.

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