Harris v. State
Court of Appeals of Georgia
Indictment for misdemeanor; from Fulton superior court — Judge Humphries. November 6, 1921. Possession and sale of intoxicating liquor by Sidney Harris were charged in the indictment, and the verdict was guilty.
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Indictment for misdemeanor; from Fulton superior court — Judge Humphries. November 6, 1921. Possession and sale of intoxicating liquor by Sidney Harris were charged in the indictment, and the verdict was guilty. A deputy sheriff testified that he and other deputies found in an alley in Atlanta an automobile in which was a suit-case full of corn whisky, and saw the defendant Harris standing by the automobile, with a foot on the running board, and saw two men on the opposite side, with a gallon can of corn whisky on the ground by them; that one of them ran, and that Harris and the other man…
1Opinion of the CourtBloodwortH, J.
The defendant was convicted on circumstantial evidence. The facts proved did not exclude every other reasonable hypothesis save tnat of the guilt of the accused, and the judge erred in overruling the motion for a new trial.
Judgment reversed.
2ConcurrenceLuke, J.
Broyles, C. J., dissents.
3Cited by3 opinions
- State v. FlintUtah Supreme Court · 1928
- Adrian v. StateCourt of Appeals of Georgia · 1931
- Creech v. StateCourt of Appeals of Georgia · 1923