Georgia Court of Appeals, 1940

Morrow v. State

Morrow v. State
Georgia Court of Appeals · Decided April 22, 1940 · Broyles, Maelntyre, Guerry
8 S.E.2d 693; 62 Ga. App. 538; 1940 Ga. App. LEXIS 338 (South Eastern Reporter, Second Series)

Morrow v. State

Opinion of the Court

Broyles, C. J.

The defendant was tried in Gordon County on an indictment containing two counts. The first count charged the possession in said county of more than one quart of spirituous and alcoholic liquors; and that said county was not one of the counties of Georgia within which such liquors could legally be sold or transported. The second count charged the possession of alcoholic and spirituous liquors upon which the State tax had not been paid and which did not bear the re- . quired tax stamp. A general verdict of guilty was returned, which meant guilty on both counts. The evidence was sufficient to authorize the jury to find that the defendant was guilty on both counts of the *539 indictment. Therefore the decision in Plemons v. State, 60 Ga. App. 640 (4 S. E. 2d, 673), cited by the plaintiff in error, is not here applicable. The court did not err in overruling the motion for new trial, based on the general grounds only.

Decided April 22, 1940. Joe M. Lang, for plaintiff in error. J. H. Paschall, solicitor-general, contra.

Judgment affirmed.

Maelntyre and Guerry, JJ., eoneur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.