Haney v. State

(After stating the foregoing facts.) The charge was error, in that it infers as a matter of law that if they found the defendant to be in control of the premises as head of the family, he would as a matter of fact be in control and possession of the whisky, without further instructing the jury that there is a legal presumption that the whisky was in the possession of the defendant, but the presumption is a rebuttable one. See Young v. State, 22 Ga. App. 111 (2).

When whisky is found on the premises of the defendant which are in his exclusive control and possession as husband and head of the…