Kennedy v. State
Court of Appeals of Georgia
Indictment for misdemeanor; from Floyd superior court—Judge Wright. September 24, 1918. The indictment charged the defendant with having control and possession of intoxicating liquors. From the evidence it appeared that in a three-story building divided into two sections by a hall running through the center, and occupied by a number of tenants, the defendant had a restaurant “on the lower floor of the left section.”
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Indictment for misdemeanor; from Floyd superior court—Judge Wright. September 24, 1918. The indictment charged the defendant with having control and possession of intoxicating liquors. From the evidence it appeared that in a three-story building divided into two sections by a hall running through the center, and occupied by a number of tenants, the defendant had a restaurant “on the lower floor of the left section.” Police officers found behind the restaurant and on a table against the wall’at the rear door a half-gallon fruit-jar containing whisky, and, just above this table and on a…
1Opinion of the CourtBroyles, P. J.
The evidence in this case, connecting the defendant with the possession or control of. the whisky found outside bis restaurant, *142was wholly circumstantial, and was insufficient to exclude every reá- . sonable hypothesis save that of his guilt. It follows that the court erred in overruling the motion for a new trial.
Decided January 9, 1919. Indictment for misdemeanor; from Floyd superior court—Judge Wright. September 24, 1918. The indictment charged the defendant with having control and possession of intoxicating liquors. From the evidence it appeared that in a three-story building divided into…
2Cited by12 opinions
- Harper v. StateCourt of Appeals of Georgia · 1952
- Cummings v. StateCourt of Appeals of Georgia · 1920
- Summerville v. StateCourt of Appeals of Georgia · 1942
- Corbin v. StateCourt of Appeals of Georgia · 1951
- Bowen v. StateCourt of Appeals of Georgia · 1927
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