Mullins v. State
Court of Appeals of Georgia
Indictment for possession of intoxicating liquors; from Harris superior court—Judge Howard. July 36, 1919. A policeman testified, that he searched the defendant’s house for whisky on June 10, 1918, and in a bedroom found on a bed two gallon jugs, each about half full of whisky; that there was nobody at the house, but the defendant soon came to the house and was placed under arrest and said that a negro named Will Maddox left the whisky there, that he came there with a…
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Indictment for possession of intoxicating liquors; from Harris superior court—Judge Howard. July 36, 1919. A policeman testified, that he searched the defendant’s house for whisky on June 10, 1918, and in a bedroom found on a bed two gallon jugs, each about half full of whisky; that there was nobody at the house, but the defendant soon came to the house and was placed under arrest and said that a negro named Will Maddox left the whisky there, that he came there with a package in a sack and asked her to let him leave it, and he carried it into the room, and she did not know what was in the…
1Opinion of the CourtBroyles, C. J.
The defendant was convicted of having, possessing, and controlling intoxicating liquors. The evidence as to her connection with the whisky was entirely circumstantial, and failed* to exclude every reasonable hypothesis save that of her guilt, and was consistent with the theory of her innocence. The court therefore erred in overruling her motion for a new trial.
Judgment reversed.
Luke and Bloodworth, JJ., concur. George G. Palmer, for plaintiff in error. O. P. McLaughlin, solicitor-general, contra.
2Cited by4 opinions
- Walker v. StateCourt of Appeals of Georgia · 1954
- Wingfield v. StateCourt of Appeals of Georgia · 1927
- Bexley v. StateCourt of Appeals of Georgia · 1952
- McBurnett v. StateCourt of Appeals of Georgia · 1929