Scott v. State

Court of Appeals of Georgia

Scott v. State

191 S.E. 177, 55 Ga. App. 688, 1937 Ga. App. LEXIS 462

CourtCourt of Appeals of Georgia

DecidedApril 9, 1937

Docket26094

StatusPublished

Cited by2 cases

This text of 191 S.E. 177 (Scott 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

Scott v. State, 191 S.E. 177, 55 Ga. App. 688, 1937 Ga. App. LEXIS 462 (Ga. Ct. App. 1937).

Pincite

Opinion

MacIntyre, J.

It appeared from the testimony of three county police officers that on August 31, 1935, while they were watching a place at the corner of Whitehall and Garnett Streets in Atlanta, “J. C. Smith drove up to the place in an automobile and stopped, and. that the defendant, O. D". Scott, walked out of the place of business to the car and was in the act of taking a case of whisky from the car when he looked around and saw the officers approaching;” that “everybody around the car ran,” including Smith and O. D. Scott; that both Scott and Smith were arrested; that the officers found in the rear of the automobile “thirty pints and twenty-four half pints of whisky in bottles, and eighteen pints of gin in bottles.” In his statement Scott denied that he knew anything about the whisky or that he touched it, and his codefendant, Smith, who pleaded guilty to possessing the whisky, stated the defendant’s statement was true. Held, that Smith’s pleading guilty was entirely consistent with Scott’s guilt; that the evidence [689]*689supported Scott’s conviction oí possessing whisky; and the judge did not err in overruling the certiorari.

Judgment affirmed.

Broyles, G. J., and Guerry, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

MacIntyre, J.

It appeared from the testimony of three county police officers that on August 31, 1935, while they were watching a place at the corner of Whitehall and Garnett Streets in Atlanta, “J. C. Smith drove up to the place in an automobile and stopped, and. that the defendant, O. D". Scott, walked out of the place of business to the car and was in the act of taking a case of whisky from the car when he looked around and saw the officers approaching;” that “everybody around the car ran,” including Smith and O. D. Scott; that both Scott and Smith were arrested; that the officers found in the rear of the automobile “thirty pints and twenty-four half pints of whisky in bottles, and eighteen pints of gin in bottles.” In his statement Scott denied that he knew anything about the whisky or that he touched it, and his codefendant, Smith, who pleaded guilty to possessing the whisky, stated the defendant’s statement was true. Held, that Smith’s pleading guilty was entirely consistent with Scott’s guilt; that the evidence [689]*689supported Scott’s conviction oí possessing whisky; and the judge did not err in overruling the certiorari.

Judgment affirmed.

Broyles, G. J., and Guerry, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

191 S.E. 177, 55 Ga. App. 688, 1937 Ga. App. LEXIS 462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-state-gactapp-1937.

Opinion

Related

Cite This Page — Counsel Stack