Jones v. State
Court of Appeals of Georgia
Indictment for manufacture of intoxicating liquor; from Paul-ding superior court — Judge Irwin. June 3, 1921. The sheriff testified, that while he and one Clark were searching in a swamp for a still, they saw the defendant “sitting just below the road, behind some maple saplings, ” at a distance of 221 steps from where they afterwards discovered the still, and he asked the defendant what he was doing, and the defendant said he had been to Mr. Coles to trade some chickens;…
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Indictment for manufacture of intoxicating liquor; from Paul-ding superior court — Judge Irwin. June 3, 1921. The sheriff testified, that while he and one Clark were searching in a swamp for a still, they saw the defendant “sitting just below the road, behind some maple saplings, ” at a distance of 221 steps from where they afterwards discovered the still, and he asked the defendant what he was doing, and the defendant said he had been to Mr. Coles to trade some chickens; the sheriff-then asked him if there was a still down the branch, and he said he did not know; and, after leaving the…
1Opinion of the CourtBroyles, C. J.
The evidence relied upon for the conviction of the accused was wholly circumstantial and was not sufficient to exclude every reasonable hypothesis save that of his guilt. It follows that his conviction was contrary to law and the evidence, and that the judge erred in overruling the motion for a new trial.
Judgment reversed.
Luke and Bloodworth, JJ., concur. The sheriff testified, that while he and one Clark were searching in a swamp for a still, they saw the defendant “sitting just below the road, behind some maple saplings, ” at a distance of 221 steps from where they afterwards discovered the…
2Cited by1 opinion
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