Strickland v. State

Court of Appeals of Georgia

Strickland v. State

140 S.E. 524, 37 Ga. App. 382, 1927 Ga. App. LEXIS 702

CourtCourt of Appeals of Georgia

DecidedNovember 16, 1927

Docket18449

StatusPublished

This text of 140 S.E. 524 (Strickland 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

Strickland v. State, 140 S.E. 524, 37 Ga. App. 382, 1927 Ga. App. LEXIS 702 (Ga. Ct. App. 1927).

Pincite

Opinion

Broyles, O. J.

1. The accused was convicted*of being in an intoxicated condition “at a certain place of public gathering and assembly, to wit, the filling-station and store of Gleve Thomas in Calvary, Georgia.” Under the evidence adduced the jury were not authorized to find that the filling-station and store in question was a place of public gathering or assembly within the meaning of the statute. It follows that the defendant’s conviction was unauthorized, and the court erred in refusing the grant of a new trial. »

2. The above-stated ruling being controlling in the case, the other assignments of error are not passed upon.

Judgment reversed.

Luke cmd Blood-worth, JJ., coneur.

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Broyles, O. J.

1. The accused was convicted*of being in an intoxicated condition “at a certain place of public gathering and assembly, to wit, the filling-station and store of Gleve Thomas in Calvary, Georgia.” Under the evidence adduced the jury were not authorized to find that the filling-station and store in question was a place of public gathering or assembly within the meaning of the statute. It follows that the defendant’s conviction was unauthorized, and the court erred in refusing the grant of a new trial. »

2. The above-stated ruling being controlling in the case, the other assignments of error are not passed upon.

Judgment reversed.

Luke cmd Blood-worth, JJ., coneur.

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Bluebook (online)

140 S.E. 524, 37 Ga. App. 382, 1927 Ga. App. LEXIS 702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strickland-v-state-gactapp-1927.