Legal Opinion · Dissent

McBrayer v. State

Court of Appeals of Georgia

Decided April 21, 1949No. 32319Published

1DissentMacIntyre, P. J.

“ ‘In this State the husband is recognized by law as the head of his family, and, . . the legal presumption is that the house and all the household effects, including any intoxicating liquors, belong to the husband as the head of the family.’ ” Isom v. State, 32 Ga. App. 75 (122 S. E. 722). Here the defendant seeks to set up a defense that he did not know that the prohibited liquors were in his house and on his premises where he himself lived, .and sought to rebut the presumption that he was knowingly in possession of the prohibited liquors. The defendant made 'absence of knowledge an issue…

2Cases cited6 opinions

  1. Isom v. StateCourt of Appeals of Georgia · 1924
  2. Fitzgerald v. StateCourt of Appeals of Georgia · 1911
  3. Thrasher v. StateCourt of Appeals of Georgia · 1943
  4. Phillips v. StateCourt of Appeals of Georgia · 1935
  5. Smith v. StateCourt of Appeals of Georgia · 1935

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