Summerville v. State

The defendant was convicted of illegally possessing twenty-four pints of “moonshine,” tax-unpaid whisky, in Carroll County, Georgia. The defendant moved for a new trial upon the general grounds and on one special ground. As we view the cáse, a new trial should have been granted because of the error complained of in the special ground. Since a new trial will be granted, we will make no comment upon the general assignments of error. The special assignment sets forth the following complaint: “Movant avers that the following is what took place in the presence of the court and jury, and before the…