Legal Opinion

Clements v. State

Court of Appeals of Georgia

Decided January 15, 1924No. 15144PublishedCited by 1 opinion

1Opinion of the CourtLuke, J.

1. The offense of possessing intoxicating liquors being a misdemeanor, the testimony of an accomplice is sufficient to establish the offense. Park’s Penal Code, § 1017, and notes on “Misdemeanor.”

(а) The fact that the same testimony may further show that the witness and the accused jointly manufactured the same liquors does not affect the rule, the accused being on trial not for the manufacturing, which is a felony, but for having such liquors in his possession, which is a misdemeanor. Byrd v. State, 28 Ga. App. 731 (113 S. E. 25).

(б) In view of the foregoing principles, as applied to the…

2Cases cited2 opinions

  1. Durham v. StateSupreme Court of Georgia · 1912
  2. Byrd v. StateCourt of Appeals of Georgia · 1922

3Cited by1 opinion

  1. Christian v. StateCourt of Appeals of Georgia · 1930

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