White v. State

Court of Appeals of Georgia

White v. State

139 S.E. 99, 37 Ga. App. 158, 1927 Ga. App. LEXIS 542

CourtCourt of Appeals of Georgia

DecidedJuly 26, 1927

Docket18263

StatusPublished

This text of 139 S.E. 99 (White 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

White v. State, 139 S.E. 99, 37 Ga. App. 158, 1927 Ga. App. LEXIS 542 (Ga. Ct. App. 1927).

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Opinion

Luke, J.

Since the testimony offered to sustain the defense of alibi did not show the impossibility of the defendant’s presence at the scene of the offense at the time of its commission, but only accounted for his presence at another place before he was at a whisky still that was in operation, it was not error for the court to fail to charge on the defense of alibi.

(a) In the case here the suggested defense of alibi utterly failed, and the evidence authorized the defendant’s conviction of making intoxicating liquor.

Judgment affirmed.

Broyles, O. J., and Bloodworth, J., concur.

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Luke, J.

Since the testimony offered to sustain the defense of alibi did not show the impossibility of the defendant’s presence at the scene of the offense at the time of its commission, but only accounted for his presence at another place before he was at a whisky still that was in operation, it was not error for the court to fail to charge on the defense of alibi.

(a) In the case here the suggested defense of alibi utterly failed, and the evidence authorized the defendant’s conviction of making intoxicating liquor.

Judgment affirmed.

Broyles, O. J., and Bloodworth, J., concur.

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Bluebook (online)

139 S.E. 99, 37 Ga. App. 158, 1927 Ga. App. LEXIS 542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-state-gactapp-1927.