Legal Opinion

Thomas v. State

Court of Appeals of Georgia

Decided July 28, 1920No. 11662PublishedCited by 4 opinions

Indictment for manufacture of liquor; from Bibb superior court —Judge Thomas presiding. May 29, 1920. 1. On the grounds that no offense against the law of the State was charged, that the act of 1917,- under which the defendant was indicted, was in conflict with and was superseded by the “war prohibition act” of October 28, 1919, and the “national prohibition act passed in January, 1920,” and that because of this subsequent legislation the court was without jurisdiction of…

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Indictment for manufacture of liquor; from Bibb superior court —Judge Thomas presiding. May 29, 1920. 1. On the grounds that no offense against the law of the State was charged, that the act of 1917,- under which the defendant was indicted, was in conflict with and was superseded by the “war prohibition act” of October 28, 1919, and the “national prohibition act passed in January, 1920,” and that because of this subsequent legislation the court was without jurisdiction of the case, the defendant demurred to the indictment, which charged her with “the offense of manufacturing whisky, for that…

1Opinion of the CourtBroyles, C. J.

1. The court did not err in overruling the demurrer to the indictment.

2. The following charge complained of was not error: “ Evidence as to good character of one on trial charged with crime is always relevant and competent to be considered by the jury, and, in a case where guilt is not plainly established, evidence as to good character may of itself be sufficient to generate in the minds of the jury a reasonable doubt as to the guilt of the defendant. The rule is that evidence as to good character is to be taken and considered by the Jury in connection with the other evidence in the case in…

2Cases cited2 opinions

  1. Brazil v. StateSupreme Court of Georgia · 1903
  2. Hill v. StateCourt of Appeals of Georgia · 1916

3Cited by4 opinions

  1. Harper v. StateCourt of Appeals of Georgia · 1956
  2. Wagoner v. StateCourt of Appeals of Georgia · 1935
  3. Gunn v. StateCourt of Appeals of Georgia · 1922
  4. Williams v. StateCourt of Appeals of Georgia · 1925

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