Legal Opinion

Malcom v. State

Court of Appeals of Georgia

Decided June 13, 1922No. 13467PublishedCited by 4 opinions

Accusation of misdemeanor; from'city court of Monroe — Judge Eelker. March 14, 1922. The grounds of the motion for a new trial in addition to the general grounds were: “ That the court erred in charging the jury as follows: ‘ The defendant is indicted under the prohibition law passed in 1917 [Act Ex.

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Accusation of misdemeanor; from'city court of Monroe — Judge Eelker. March 14, 1922. The grounds of the motion for a new trial in addition to the general grounds were: “ That the court erred in charging the jury as follows: ‘ The defendant is indicted under the prohibition law passed in 1917 [Act Ex. Sess. 1917, p. 18]. Section 22 of that act reads as follows: “ Section 22. . . It shall be unlawful for any corporation, firm, or individual in this State, to knowingly permit or allow any one to have or possess or locate on his premises any apparatus for the distilling or manufacturing of the…

1Opinion of the CourtLuke, J.

1. The defendant was convicted of the offense of knowingly permitting, allowing, having, and possessing on his premises an apparatus for the distilling and manufacture of intoxicating liquors. The evidence is positive that a still for the distilling of intoxicating liquors was found on his premises. In his statement on the trial he denied knowledge of the existence of the still, but did not deny that the still was found in a pasture in his actual possession. lie offered evidence of his good character and some circumstantial evidence to the effect that he had no knowledge of the existence of…

2Cases cited1 opinion

  1. Carter v. StateCourt of Appeals of Georgia · 1917

3Cited by4 opinions

  1. Brown v. StateCourt of Appeals of Georgia · 1942
  2. Fields v. StateCourt of Appeals of Georgia · 1938
  3. Harbin v. StateCourt of Appeals of Georgia · 1933
  4. Johnson v. StateCourt of Appeals of Georgia · 1928

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