Fair v. State

Nichols, Presiding Judge.

The judgment of this court (Fair v. State, 110 Ga. App. 643, 139 SE2d 411), holding that the trial court was without jurisdiction to consider the defendant’s motion for new trial, having been reversed by the Supreme Court of Georgia (Fair v. State, 220 Ga. 750, 141 SE2d 431), the judgment of this court is vacated.

The defendant was charged in separate indictments with manufacturing and possessing nontax-paid whiskey. After his conviction on both indictments he filed a single motion for new trial which was overruled and error is assigned on such adverse judgment. The…