Legal Opinion

McKibben v. State

Court of Appeals of Georgia

Decided August 23, 1929No. 19839Published

1Opinion of the CourtLuke, J.

The defendant was convicted in the superior court of Haralson county of possessing intoxicating liquor, and he assigns error upon the overruling of his motion for a new trial.

The court did not err in allowing a witness for the State to testify that he saw the defendant that morning in Polk county, just over the line, bottling some whisky. While the defendant could not have been convicted in Haralson county for possessing whisky in Polk county, yet since the bottling of the whisky was on the same day and just across the line from the county and place in which he was charged with possessing it,…

2Cases cited4 opinions

  1. Terry v. StateCourt of Appeals of Georgia · 1927
  2. Herndon v. StateCourt of Appeals of Georgia · 1928
  3. Johnson v. StateCourt of Appeals of Georgia · 1927
  4. Stanford v. StateCourt of Appeals of Georgia · 1927

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