Legal Opinion

Brown v. State

Court of Appeals of Georgia

Decided April 11, 1922No. 13215PublishedCited by 3 opinions

Indictment for misdemeanor; from Bulloch superior court — Judge Strange. December 3, 1921.

1Opinion of the CourtBroyles, C. J.

1. Where any apparatus used to make whisky, or any part of such apparatus, is found in a person’s possession or control upon his premises, he may lawfully be convicted of knowingly having upon his premises an apparatus for the manufacturing and distilling of whisky; and in the instant case the court did not err in so charging. Strickland v. State, 25 Ga. App. 1 (102 S. E. 383).

2. There being direct evidence that some portions of an apparatus used to make whisky were found on the defendant’s premises, and that the premises were in his actual possession, his conviction did not depend entirely…

2Cases cited1 opinion

  1. Strickland v. StateCourt of Appeals of Georgia · 1920

3Cited by3 opinions

  1. Brown v. StateCourt of Appeals of Georgia · 1942
  2. Crowe v. StateCourt of Appeals of Georgia · 1928
  3. O'Bryant v. StateCourt of Appeals of Georgia · 1928

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