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101 Ga. App. 636

Hanson v. State

Court of Appeals of Georgia

Decided April 14, 1960

Court of Appeals of Georgia · decided 1960-04-14

Relies on Wilson v. State

Decided 1960-04-14

Gardner, Presiding Judge.

¶1The defendant was convicted on an indictment charging the making of distilled spirits, alcohol, whisky, mixed liquors and beverages in a dry county. His motion for a judgment notwithstanding the verdict was denied, and he assigns error on this judgment.

*637Decided April 14, 1960Rehearing denied May 12,1960.Walton Hardin, for plaintiff in error.J. Cecil Davis, Solicitor-General, contra.

¶2In Wilson v. State, 215 Ga. 775 (113 S. E. 2d 607), the Supreme Court said: “There is no provision of law for the court in the trial of a criminal case to entertain a motion for a judgment of not guilty notwithstanding a verdict of guilty.”

¶3It follows that the verdict of the jury finding the defendant guilty must stand, inasmuch as the motion for a judgment notwithstanding the verdict could not properly be before the court in the trial of a criminal case and is not before this court.

¶4Judgment affirmed.

Townsend, Carlisle and Frankum, JJ., concur.
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