Ward v. State
Court of Appeals of Georgia
Indictment for felony; from Walton superior court — Judge Cobb. September 22, 1917. Ward, Carter, and Crisp were convicted .under an indictment charging them and another person with having distilled and made alcoholic and spirituous liquors. Ward and Carter made, a motion for a new trial, which was refused, and they excepted.
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Indictment for felony; from Walton superior court — Judge Cobb. September 22, 1917. Ward, Carter, and Crisp were convicted .under an indictment charging them and another person with having distilled and made alcoholic and spirituous liquors. Ward and Carter made, a motion for a new trial, which was refused, and they excepted. From the evidence it appeared, that a constable and a town marshal discovered the defendants at a distillery, where corn whisky was being made, on a branch in the woods on the land of J. E. Tuck, about nine o’clock in the morning. Ward and Carter were not doing anything.…
1Opinion of the CourtBboyles, P. J.
1. The evidence connecting the defendants with the offense charged being entirely circumstantial in its nature, and not excluding every reasonable hypothesis save that of their guilt, their conviction was unauthorized, and the court erred in overruling the motion ■ for a new trial.
2.- The foregoing ruling being controlling in the case, it is unnecessary to consider the amendment to the motion for a new trial.
Judgment reversed.
Bloodivorth and Harwell, JJ., concur.
2Cited by2 opinions
- Harris v. StateCourt of Appeals of Georgia · 1969
- Guyton v. StateCourt of Appeals of Georgia · 1921