Legal Opinion

Fletcher v. State

Court of Appeals of Georgia

Decided June 10, 1913No. 4891PublishedCited by 1 opinion

Indictment for sale of liquor; from Cobb superior court—Judge Patterson. March 28, 19Í3.

1Opinion of the CourtPottle, J.

The State offered testimony that the accused was given money, went away, and returned with whisky, which he delivered to the State’s witness. This made a prima facie case of guilt. Cheatwood v. Buchanan, 9 Ga. App. 828 (72 S. E. 284); McGovern v. State, 11 Ga. App. 267 (74 S. E. 1101). Where such a prima facie ease is made out, the burden is on the accused to show “how, when, and from whom he obtained the liquor.” If the State relies only upon the prima facie case then made, and the evidence for the accused demands a finding that he was acting solely as the buyer’s agent and was not otherwise…

2Cases cited4 opinions

  1. Cheatwood v. City of BuchananCourt of Appeals of Georgia · 1911
  2. McGovern v. StateCourt of Appeals of Georgia · 1912
  3. Allen v. StateCourt of Appeals of Georgia · 1912
  4. Stewart v. StateCourt of Appeals of Georgia · 1911

3Cited by1 opinion

  1. Simpson v. Mayor of EastmanCourt of Appeals of Georgia · 1915

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