Georgia Court of Appeals, 1927

Simmons v. State

Simmons v. State
Georgia Court of Appeals · Decided April 12, 1927 · Bboyles
36 Ga. App. 626; 137 S.E. 791; 1927 Ga. App. LEXIS 195

Simmons v. State

Opinion of the Court

Bboyles, C. J.

The accused was convicted of manufacturing intoxicating liquor. The evidence failed to establish that any whisky had been made at the distillery in question, or that the beer found there by the arresting officers was intoxicating. The verdict, therefore, was unauthorized, and the refusal to grant a new trial was error. See Walker v. State, 32 Ga. App. 18 (122 S. E. 645).

Judgment reversed.

Luke and Bloodworth, JJ., concur.

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