Summerville v. State

Court of Appeals of Georgia

Summerville v. State

63 Ga. App. 292

CourtCourt of Appeals of Georgia

DecidedOctober 2, 1940

Docket28432

StatusPublished

This text of 63 Ga. App. 292 (Summerville 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

Summerville v. State, 63 Ga. App. 292 (Ga. Ct. App. 1940).

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Opinion

MacIntyre, J.

Joe Summerville was convicted of the offense of misdemeanor, for that he did “have, control, and possess certain alcoholic and prohibited liquors on which the Georgia State revenue stamps had not been affixed and in excess of one quart.” His motion for new trial based solely on the general grounds was overruled, and he excepted. The evidence connecting the defendant with the offense charged was not sufficient to exclude every reasonable hypothesis except that of his guilt. It follows that his conviction was unauthorized, and that the overruling of his motion for new trial was error.

Judgment reversed

Broyles, G. J., and Gardner, J., concur.

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MacIntyre, J.

Joe Summerville was convicted of the offense of misdemeanor, for that he did “have, control, and possess certain alcoholic and prohibited liquors on which the Georgia State revenue stamps had not been affixed and in excess of one quart.” His motion for new trial based solely on the general grounds was overruled, and he excepted. The evidence connecting the defendant with the offense charged was not sufficient to exclude every reasonable hypothesis except that of his guilt. It follows that his conviction was unauthorized, and that the overruling of his motion for new trial was error.

Judgment reversed

Broyles, G. J., and Gardner, J., concur.

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Bluebook (online)

63 Ga. App. 292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/summerville-v-state-gactapp-1940.