Georgia Court of Appeals, 1933

Johnson v. State

Johnson v. State
Georgia Court of Appeals · Decided June 13, 1933 · Broyles
47 Ga. App. 125; 169 S.E. 770; 1933 Ga. App. LEXIS 315

Johnson v. State

Opinion of the Court

Broyles, C. J.

The .defendant was convicted of making whisky, and his motion for a new trial embraced the usual general grounds only. The evidence connecting him with the offense charged, while wholly circumstantial, was sufficient to authorize the jury to find that it excluded every reasonable hypothesis except that of his guilt. The cases cited in the brief of counsel for plaintiff in error are clearly distinguishable *126by their particular facts from the instant case. The overruling of the motion for a new trial was not error.

Decided June 13, 1933. Wolver M. Smith, Rupert A. Brown, John B. Gamble, for plaintiff in error. Henry H. West, solicitor-general, contra.

Judgment affirmed.

MacIntyre and Guerry, JJ., concur.

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