Farmer v. State
Farmer v. State
Opinion of the Court
1. “On the trial of one charged with having violated the law by illegally selling, intoxicating liquor, proof that the accused received money from another person, accompanied with a request to procure whisky for the latter, and shortly thereafter delivered whisky to such
(a) The defendant’s statement does not itself clearly establish his agency for the buyer, since he does not assert that he'paid to the party from whom he obtained the whisky all or any of the money entrusted to him by the buyer, and does not assert that he acted solely for the buyer, or negative the reasonable inference that he was likewise agent for the seller and received a commission on the sale. The testimony of a witness for the State which is relied upon to establish the fact that the defendant procured the whisky from another person does not show that he “in fact hought the whisky from another person and paid him for it.” Bray v. Commerce, supra. He failed to corroborate his statement by unimpeached testimony showing how he obtained the whisky (King v. Hazlehurst, 16 Ga. App. 335, 337, 85 S. E. 271), and the jury were authorized to infer that the explanation was a mere subterfuge, especially since the explanation itself was incomplete.
2. There was no error in overruling the motion for a new trial.
Judgment affirmed.
Reference
- Cited By
- 1 case
- Status
- Published