Carter v. State
Court of Appeals of Georgia
Indictment for sale of liquor; from Douglas superior court — Judge Irwin. June 15, 1920. The instruction quoted as to what would constitute a sale was complained of on the grounds that “ there must be a consideration, or something of value given, paid, or promised, moving to the contract or sale, before a sale is completed, and the only consideration that the State attempted to prove was the alleged check; ” and that the charge “ amounted to taking from the jury the right to…
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Indictment for sale of liquor; from Douglas superior court — Judge Irwin. June 15, 1920. The instruction quoted as to what would constitute a sale was complained of on the grounds that “ there must be a consideration, or something of value given, paid, or promised, moving to the contract or sale, before a sale is completed, and the only consideration that the State attempted to prove was the alleged check; ” and that the charge “ amounted to taking from the jury the right to consider whether there had been a sale, under the evidence, or not, and to virtually stating to the jur-y that there…
1Opinion of the CourtBroyles, C. J.
1. The defendant was charged with selling whisky. Several grounds of the amendment to -the motion for a new trial complain that the court allowed, over the objections of the defendant, two named witnesses to testify to the fact that “stills ” had been found near where the defendant lived. In admitting this testimony the court specifically instructed the jury as follows: “ I have admitted the evidence of the stills around the defendant’s house as a circumstance, showing what it may, with regard to his (defendant’s) having the liquor that they claim he got somewhere; that it was his and…
Also in this document: Concurrence.
2Cited by1 opinion
- Grace v. StateCourt of Appeals of Georgia · 1926