Plair v. State

Court of Appeals of Georgia

Plair v. State

99 S.E. 61, 23 Ga. App. 574, 1919 Ga. App. LEXIS 222

CourtCourt of Appeals of Georgia

DecidedApril 16, 1919

Docket10229

StatusPublished

Cited by4 cases

This text of 99 S.E. 61 (Plair 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

Plair v. State, 99 S.E. 61, 23 Ga. App. 574, 1919 Ga. App. LEXIS 222 (Ga. Ct. App. 1919).

Pincite

Opinion

Bloodworth, J.

1. The evidence in this case was sufficient to establish that the offense charged was committed on May 28, 1918, and from the record it is clear that both the State and the defendant so understood and accepted it, though the evidence on the trial, which took place in July, 1918, was that the offense was committed on “May 28th,” without stating in what year. Tipton v. State, 119 Ga. 304 (2), (46 S. E. 436); Goldberg v. State, 22 Ga. App. 122 (95 S. E. 541). This being true, and the evidence showing that the offense was committed solely on that date, the charge of the judge that the jury might return a verdict of guilty on the indictment (which was brought under the prohibition act of March, 1917), if they believed the accused to be guilty of the offense charged any time within two years previous to thp finding of the indictment (in July, 1918), was harmless. See Tatum v. State, 22 Ga. App. 638 (7) (96 S. E. 1046; Adams v. State, 22 Ga. App. 252 (95 S. E. 877). In this connection see also Ford v. State, 21 Ga. App. 499 (94 S. E. 627).

2. There was ample evidence to support the verdict.

Judgment affirmed.

Broyles, P. J., and Stephens, J., concur.

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Bloodworth, J.

1. The evidence in this case was sufficient to establish that the offense charged was committed on May 28, 1918, and from the record it is clear that both the State and the defendant so understood and accepted it, though the evidence on the trial, which took place in July, 1918, was that the offense was committed on “May 28th,” without stating in what year. Tipton v. State, 119 Ga. 304 (2), (46 S. E. 436); Goldberg v. State, 22 Ga. App. 122 (95 S. E. 541). This being true, and the evidence showing that the offense was committed solely on that date, the charge of the judge that the jury might return a verdict of guilty on the indictment (which was brought under the prohibition act of March, 1917), if they believed the accused to be guilty of the offense charged any time within two years previous to thp finding of the indictment (in July, 1918), was harmless. See Tatum v. State, 22 Ga. App. 638 (7) (96 S. E. 1046; Adams v. State, 22 Ga. App. 252 (95 S. E. 877). In this connection see also Ford v. State, 21 Ga. App. 499 (94 S. E. 627).

2. There was ample evidence to support the verdict.

Judgment affirmed.

Broyles, P. J., and Stephens, J., concur.

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Bluebook (online)

99 S.E. 61, 23 Ga. App. 574, 1919 Ga. App. LEXIS 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plair-v-state-gactapp-1919.

Opinion

2. There was ample evidence to support the verdict.

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