Griffin v. State
Griffin v. State
Opinion of the Court
1. Evidence that illegal matter in the form of a piece of paper is handed to a passenger in the front seat of an automobile next to the driver, unsupported by any evidence that the driver knew what the paper was, that it was shown or given to him, or that he had any other knowledge of or connection with it, is insufficient to charge such driver with possession thereof. Ingram v. State, 97 Ga. App. 468, 479 (103 S. E. 2d 666).
2. The discovery of lottery paraphernalia in the form of a lottery writer’s ticket in the automobile of a defendant may, when combined with flight or other like circumstances, authorize conviction. Ransome v. State, 53 Ga. App. 490 (186 S. E. 436). Flight itself is some evidence of guilt. Thomas v. State, 99 Ga. App. 25 (107 S. E. 2d 687). But the presumption of guilt, if any, arising from mere ownership of an automobile will not sustain a conviction where it is shown that others than the defendant had equal access thereto and opportunity to place the illegal matter therein. Shepherd v. State, 77 Ga. App. 857 (50 S. E. 2d 111).
3. In the present case, the defendant was driving an automobile. He stopped behind a hotel and a man gave a piece of paper to a woman passenger seated in the right front seat. Within the block the automobile and the defendant were stopped and searched. The woman was not searched at that time because she was holding a baby, and the automobile, including the front floorboard, was given visual examination only. No incriminating material was found. The passenger remained in the front seat with a police officer who drove the car to the police station; the defendant was returned to the rear seat with another officer. On arrival both parties were searched and nothing of an incriminating nature found; the automobile was again examined and a lottery writer’s ticket on a white sheet of paper was found on the right front floorboard by the seat where the passenger had been sitting. This passenger, on direct examination, testified as to the paper, “I did not have it in my possession on the 21st day of May, 1959.” On cross-examination her testimony was: “If I had possessed this piece of paper I wouldn’t admit it.”
From this testimony it is obvious that the paper was assumed by
The trial court erred in overruling the motion for a new trial.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.