Legal Opinion

Fields v. State

Court of Appeals of Georgia

Decided September 20, 1938No. 26981PublishedCited by 1 opinion

1Opinion of the CourtBroyles, C. J.

1. On a trial under an indictment charging the defendant with knowingly allowing apparatus for distilling whisky to be located on his premises, where the evidence for the State snows that the apparatus was found on his premises, and that he was in actual possession of the premises, such evidence, by the express terms of the statute (Ga. L. Ex. Sess. 1917, p. 18), "is prima facie evidence that the defendant had knowledge of the fact that the apparatus was located upon his premises; and the burden of proof is then upon him to show that he had no such knowledge.” Carter v. State, 21 Ga. App. 493…

2Cases cited2 opinions

  1. Carter v. StateCourt of Appeals of Georgia · 1917
  2. Malcom v. StateCourt of Appeals of Georgia · 1922

3Cited by1 opinion

  1. Autry v. StateCourt of Appeals of Georgia · 1956

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