Toler v. State

Court of Appeals of Georgia

Toler v. State

147 S.E. 398, 39 Ga. App. 411, 1929 Ga. App. LEXIS 345

CourtCourt of Appeals of Georgia

DecidedMarch 5, 1929

Docket19395

StatusPublished

This text of 147 S.E. 398 (Toler 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

Toler v. State, 147 S.E. 398, 39 Ga. App. 411, 1929 Ga. App. LEXIS 345 (Ga. Ct. App. 1929).

Pincite

Opinion

Luke, J.

1. None of the special grounds of the motion for a new trial discloses error requiring a new trial.

2. The evidence failed to show that the defendant owned, controlled or possessed the land where the still was found, or the premises where distilling apparatus was found, and therefore was not sufficient to sustain the verdict of guilty upon the second count of the accusation. See Atkinson v. State, 25 Ga. App. 176 (102 S. E. 878) ; Alexander v. State, 25 Ga. App. 236 (102 S. E. 880) ; Alexander v. State, 25 Ga. App. 175 (102 S. E. 878).

3. Evidence that intoxicating beer was found at the still-site, together with evidence that the defendant took a drink of whisky from a jug which the officers had in their automobile, does hot sustain the conviction of the defendant on the charge of owning, controlling, and possessing intoxicating liquors. See Graham v. State, 150 Ga. 411 (104 S. E. 248).

Judgment reversed.

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

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