Legal Opinion · Dissent

Oswalt v. State

Court of Appeals of Georgia

Decided April 14, 1921No. 12135Published

Indictment for manufacture of liquor, etc.; from Haralson superior court — Judge Irwin. December 20, 1920. The indictment charged John Oswalt with violation of the prohibition law by manufacture of liquors, possession of liquors, and possession of apparatus for the manufacture of liquors. There was a general verdict of guilty.

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Indictment for manufacture of liquor, etc.; from Haralson superior court — Judge Irwin. December 20, 1920. The indictment charged John Oswalt with violation of the prohibition law by manufacture of liquors, possession of liquors, and possession of apparatus for the manufacture of liquors. There was a general verdict of guilty. The State relied on testimony as to the finding of a still and other evidences of the manufacture of liquor in a pasture where the defendant kept his cattle, about half a mile from where he resided, on a rented farm, and as to a path between his house and the still, the…

1DissentLuke, J.

I do not think the evidence authorized the defendant’s conviction.- At best, in my opinion, only a suspicion of guilt was shown by the evidence. The case rests upon circumstantial evidence, and, to my mind, the evidence is not nearly so convincing as the evidence in Smith v. State, 16 Ga. App. 291 (85 S. E. 281), and Neville v. State, 23 Ga. App. 144 (97 S. E. 894), wherein convictions were set aside.

The indictment charged John Oswalt with violation of the prohibition law by manufacture of liquors, possession of liquors, and possession of apparatus for the manufacture of liquors. There was a…

2Cases cited2 opinions

  1. Smith v. StateCourt of Appeals of Georgia · 1915
  2. Neville v. StateCourt of Appeals of Georgia · 1919

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