Rice v. City of Eatonton
Court of Appeals of Georgia
Certiorari; from Putnam superior court — Judge Park. March 16, 1914. In the police court of Eatonton, Pennington was convicted on the charge of having violated an ordinance of that city, which provides as follows: "Any person who shall in said city run a ‘blind tiger/ or have or keep for the purpose of sale, in any quantity, any wine, whisky, beer, or other intoxicating liquors, . shall be guilty of-an offense, for which upon conviction he shall be punished as prescribed in…
Read the full summary
Certiorari; from Putnam superior court — Judge Park. March 16, 1914. In the police court of Eatonton, Pennington was convicted on the charge of having violated an ordinance of that city, which provides as follows: "Any person who shall in said city run a ‘blind tiger/ or have or keep for the purpose of sale, in any quantity, any wine, whisky, beer, or other intoxicating liquors, . shall be guilty of-an offense, for which upon conviction he shall be punished as prescribed in section 2 of this code. The possession of an unusual quantity of any such intoxicants, unless satisfactorily explained,…
1Opinion of the CourtWade, J.
The evidence for the city is altogether circumstantial and exceedingly weak, and not only fails to exclude every reasonable hypothesis consistent with innocence, but rather tends to corroborate the testimony for the defendant; and hence the judge of the superior court erred in overruling the certiorari. Judgment reversed.
The evidence was as follows: John T. Burke testified, that he went to the defendant’s home with a search warrant, about half-past 2 o’clock, Saturday afternoon, September 20,1913, and searched the house. He found 6y2 quarts of whisky in the defendant’s trunk, saw about two…
2Cited by2 opinions
- Hutcheson v. StateCourt of Appeals of Georgia · 1919
- Farlow v. StateCourt of Appeals of Georgia · 1921