Mathis v. State
Court of Appeals of Georgia
Indictment for possessing liquor; from Wilkes superior court — Judge Shurley. September 30, 1921. The only witness for the State was a deputy sheriff, who testified: that a jug of whisky was found near the side of a road, and he hid in bushes near it to see who would come for the jug, and saw the defendant drive past in a buggy and go a short distance down the road, where there was a branch, and return, stop the buggy, get out of it, and climb a fence, with a sack, and walk…
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Indictment for possessing liquor; from Wilkes superior court — Judge Shurley. September 30, 1921. The only witness for the State was a deputy sheriff, who testified: that a jug of whisky was found near the side of a road, and he hid in bushes near it to see who would come for the jug, and saw the defendant drive past in a buggy and go a short distance down the road, where there was a branch, and return, stop the buggy, get out of it, and climb a fence, with a sack, and walk along the fence, stop, reach over the fence, and begin pulling vines from over the jug, which was on the same side of…
1Opinion of the CourtBroyles, C. J.
A conviction of having possession of intoxicating liquor was not authorized by the evidence, and the court erred in overruling the motion for a new trial.
Judgment reversed.
Luke and Bloodworth, JJ., concur. Hugh E. Combs, F. H. Colley, for plaintiff in error. M. L. Felts, solicitor-general, contra.
2Cited by4 opinions
- Dukes v. StateCourt of Appeals of Georgia · 1954
- Davis v. StateCourt of Appeals of Georgia · 1941
- Jones v. StateCourt of Appeals of Georgia · 1941
- Lane v. StateCourt of Appeals of Georgia · 1926