Poythress v. State

Court of Appeals of Georgia

Poythress v. State

97 S.E.2d 165, 95 Ga. App. 124, 1957 Ga. App. LEXIS 733

CourtCourt of Appeals of Georgia

DecidedFebruary 12, 1957

Docket36574

StatusPublished

Cited by1 cases

This text of 97 S.E.2d 165 (Poythress 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

Poythress v. State, 97 S.E.2d 165, 95 Ga. App. 124, 1957 Ga. App. LEXIS 733 (Ga. Ct. App. 1957).

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Opinion

Carlisle, J.

A conviction may be had upon a free and volununtary confession corroborated only by proof of the corpus delicti (Owen v. State, 119 Ga. 304, 46 S. E. 433; Daniel v. State, 63 Ga. 339; Paul v. State, 65 Ga. 152; Williams v. State, 69 Ga. 11; Westbrook v. State, 91 Ga. 11, 16 S. E. 100); and, where, upon the trial of one charged with the possession of non-tax-paid whisky, it appears from the evidence that police officers found some five and one-half pints of non-tax-paid liquor in the defendant’s home, and that the defendant freely and voluntarily confessed that the non-tax-paid liquor belonged to him, the jury is authorized to find him guilty as charged, and the trial court does not err in denying such defendant’s motion for new trial based solely on the general grounds.

Judgment affirmed.

Gardner, P. J., and Townsend, J., concur.

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Carlisle, J.

A conviction may be had upon a free and volununtary confession corroborated only by proof of the corpus delicti (Owen v. State, 119 Ga. 304, 46 S. E. 433; Daniel v. State, 63 Ga. 339; Paul v. State, 65 Ga. 152; Williams v. State, 69 Ga. 11; Westbrook v. State, 91 Ga. 11, 16 S. E. 100); and, where, upon the trial of one charged with the possession of non-tax-paid whisky, it appears from the evidence that police officers found some five and one-half pints of non-tax-paid liquor in the defendant’s home, and that the defendant freely and voluntarily confessed that the non-tax-paid liquor belonged to him, the jury is authorized to find him guilty as charged, and the trial court does not err in denying such defendant’s motion for new trial based solely on the general grounds.

Judgment affirmed.

Gardner, P. J., and Townsend, J., concur.

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Bluebook (online)

97 S.E.2d 165, 95 Ga. App. 124, 1957 Ga. App. LEXIS 733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poythress-v-state-gactapp-1957.

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