Allen v. State
Court of Appeals of Georgia
Accusation of possessing intoxicating liquor; from city court of Macon — Judge Gunn. July 23, 1921. The instructions complained of in grounds 4, 5, and 6 of the motion for a new trial were; (4) “In the case at bar the State contends that the defendant on trial was running a little store in this county, and that police officers of the city of Macon went out to this store and they arrested the defendant and another person found on the premises, the other person being found…
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Accusation of possessing intoxicating liquor; from city court of Macon — Judge Gunn. July 23, 1921. The instructions complained of in grounds 4, 5, and 6 of the motion for a new trial were; (4) “In the case at bar the State contends that the defendant on trial was running a little store in this county, and that police officers of the city of Macon went out to this store and they arrested the defendant and another person found on the premises, the other person being found with some whisky on his person; and that that other person, immediately and in the presence of the defendant, stated that…
1Opinion of the CourtBloodworth, J.
1. An opinion as to what had been proved was not expressed by the judge in charging the jury as set out in grounds 4 and 5 of the motion for a new trial. See, in connection with ground 4, City & Surburban Ry. Co. v. Findley, 76 Ga. 311 (3), 317; Brown v. State, 6 Ga. App. 356 (64 S. E. 1119); Allen v. State, 18 Ga. App. 1 (88 S. E. 100).
2. The excerpts from the charge embraced in grounds 5 and 6 of the motion for a new trial contain no error harmful to the defendant.
3. The brief of counsel for plaintiff in error contains no “ general insistence upon all the grounds of the motion ” (Ga. L.…
2Cases cited5 opinions
- Davis v. StateSupreme Court of Georgia · 1893
- City & Suburban Railway v. FindleySupreme Court of Georgia · 1886
- McVicker v. ConkleSupreme Court of Georgia · 1895
- Brown v. StateCourt of Appeals of Georgia · 1909
- Allen v. StateCourt of Appeals of Georgia · 1916
3Cited by1 opinion
- Plummer v. StateCourt of Appeals of Georgia · 1922