Martin v. State

It was held in Easterwood v. State, 83 Ga. App. 400 (63 S. E. 2d 689), that the presence of 175 cans of beer on the premises, 103 being refrigerated, together with about 500 empty cans in the vicinity, did not constitute circumstantial evidence of possession of beer for the purpose of sale sufficient to support a conviction. The evidence in the present case shows a total of 284 cans of beer, 72 being refrigerated, and between 100 and 200 empty cans on the premises. The circumstances of the case are as consistent with the defendant’s explanation that he and his friends were having a party as…