Simmons v. State

Court of Appeals of Georgia

Simmons v. State

142 S.E. 745, 38 Ga. App. 98, 1928 Ga. App. LEXIS 65

Procedural entryThis page is a short order in Simmons v. State. Read the opinion of the Court — 34 Ga. App. 163 →

Court of Appeals of Georgia·Decided April 10, 1928·No. 18709·Published

Opinion

Luke, J.

A witness in this case testified that he paid defendant $1 for a pint of whisky. The defendant flatly contradicted this witness. Clearly this court is without authority to set aside the conviction of the defendant of both possessing and selling whisky; and the trial judge did not err in overruling the motion for a new trial, based solely upon the usual general grounds.

Judgment affirmed.

Broyles, C. J., and Bloodworth, J., concur.

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Luke, J.

A witness in this case testified that he paid defendant $1 for a pint of whisky. The defendant flatly contradicted this witness. Clearly this court is without authority to set aside the conviction of the defendant of both possessing and selling whisky; and the trial judge did not err in overruling the motion for a new trial, based solely upon the usual general grounds.

Judgment affirmed.

Broyles, C. J., and Bloodworth, J., concur.

Simmons v. State, 142 S.E. 745, 38 Ga. App. 98, 1928 Ga. App. LEXIS 65 (Ga. Ct. App. 1928).

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