Robinson v. State

Court of Appeals of Georgia

Robinson v. State

117 S.E. 769, 30 Ga. App. 280, 1923 Ga. App. LEXIS 403

CourtCourt of Appeals of Georgia

DecidedMay 15, 1923

Docket14410

StatusPublished

Cited by1 cases

This text of 117 S.E. 769 (Robinson 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

Robinson v. State, 117 S.E. 769, 30 Ga. App. 280, 1923 Ga. App. LEXIS 403 (Ga. Ct. App. 1923).

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Opinion

Luke, J.

The defendant was convicted of possessing intoxicating liquors. The evidence tending to connect him with possession or control of the whisky, which was found outside of his store and outside of his boarding house, run in connection with his store, was wholly circumstantial, and, because of the use by the public and his boarders of the closet where the whisky was found, was insufficient to exclude every reasonable hypothesis save that of the defendant’s'guilt. It was therefore error for the court to overrule the motion for a new trial, See, in this connection, Kennedy v. State, 23 Ga. App. 141 (97 S. E. 894).

Judgment reversed.

Broyles, G. J., and Bloodicorth, J., concur.

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Luke, J.

The defendant was convicted of possessing intoxicating liquors. The evidence tending to connect him with possession or control of the whisky, which was found outside of his store and outside of his boarding house, run in connection with his store, was wholly circumstantial, and, because of the use by the public and his boarders of the closet where the whisky was found, was insufficient to exclude every reasonable hypothesis save that of the defendant’s'guilt. It was therefore error for the court to overrule the motion for a new trial, See, in this connection, Kennedy v. State, 23 Ga. App. 141 (97 S. E. 894).

Judgment reversed.

Broyles, G. J., and Bloodicorth, J., concur.

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Bluebook (online)

117 S.E. 769, 30 Ga. App. 280, 1923 Ga. App. LEXIS 403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-state-gactapp-1923.

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