Powell v. State

Court of Appeals of Georgia

Powell v. State

108 S.E. 245, 27 Ga. App. 315, 1921 Ga. App. LEXIS 861

CourtCourt of Appeals of Georgia

DecidedJuly 26, 1921

Docket12562

StatusPublished

Cited by2 cases

This text of 108 S.E. 245 (Powell 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

Powell v. State, 108 S.E. 245, 27 Ga. App. 315, 1921 Ga. App. LEXIS 861 (Ga. Ct. App. 1921).

Pincite

Opinion

Luke, J.

1. The challenge to the array of jurors put upon the defendant, upon the ground the sheriff’s name appeared on the indictment as prosecutor, is without merit, since it does not appear that the sheriff, who [316]*316performed the mere ministerial act of summoning the jury, had more than a nominal interest in appearing as prosecutor upon the indictment.

Decided July 26, 1921.

Indictment for manufacturing intoxicating liquor; from Walker superior court — Judge Wrigbt. May 16, 1921.

Rosser & Shaw, for plaintiff in error. E. S. Taylor, solictor-general, J. E. Kelly, contra.

2. No error harmful to the defendant was shown by the assignment of error upon the instruction of the court that if the jury saw fit to do so, they could find the defendant guilty and recommend that he be punished as for a misdemeanor, and, if the judge should approve the recommendaton, he would be punished as for, a misdemeanor.

3. The evidence authorized the defendant’s conviction and it was not' error for any reason assigned to overrule the motion for a new trial.

Judgment affirmed.

Broyles, O. J., and Bloodworth, J., concur.

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