Reeves v. State
Court of Appeals of Georgia
Accusation of possession of intoxicating liquor; from city court of Floyd county—Judge Nunnally. June 27, 1918. From the evidence it appeared that the defendant lived and farmed on a part of a 160-aere tract of land owned by his father, on which, besides the house in which he resided, was a vacant house formerly occupied by him, and that several jugs, two of them containing about live gallons of whisky, were found in the vacant house by officers searching it about two months…
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Accusation of possession of intoxicating liquor; from city court of Floyd county—Judge Nunnally. June 27, 1918. From the evidence it appeared that the defendant lived and farmed on a part of a 160-aere tract of land owned by his father, on which, besides the house in which he resided, was a vacant house formerly occupied by him, and that several jugs, two of them containing about live gallons of whisky, were found in the vacant house by officers searching it about two months after he had moved out of it. The two houses were about 300 yards apart, and there was no path leading directly from…
1Opinion of the CourtHarwell, J.
The evidence relied upon by the State to connect the accused with the offense of having in his custody and control intoxicating liquor was wholly circumstantial in character, and did not exclude every reasonable hypoijiesis save that of the guilt of the accused. Accordingly, the court erred in overruling the motion for a new trial.
Judgment reversed.
Broyles, P. J., and Bloodworth, J., concur. W. B. Mebane, for plaintiff in error. J. F. Kelly, solicitor, contra.
2Cited by3 opinions
- Cummings v. StateCourt of Appeals of Georgia · 1920
- Eads v. StateCourt of Appeals of Georgia · 1931
- Clark v. StateCourt of Appeals of Georgia · 1929