Alexander v. State

Decided April 13, 1920

Court of Appeals of Georgia · decided 1920-04-13

Indictment for misdemeanor; from Taliaferro superior court — Judge Walker. November 28, 1919. The sheriff testified that in a swamp about 400 yards from the house of Felix Alexander (the defendant) they found “a lard can still apparatus and a barrel of mash such as is used in making liquor.” Felix Alexander’s field that he cultivated ran up to 50 feet of where they found the still on one side; on the other three sides the witness did not know whose land it was.

Good law ✅— No negative treatment on recordhow we know

Decided 1920-04-13

How this case has been cited

Cited by 4 later decisions — most recently March 1953

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Broyles, C. J.

¶1The defendant was convicted, under section 22 of the act of 1917 (Ga. L. Ex. Sess. 1917, p. 18), of knowingly permitting apparatus for the distilling or manufacturing of intoxicating liquors to be located on his premises. There was no evidence that authorized a finding that the land upon which the apparatus was discovered was owned, controlled, or possessed by the defendant. His conviction, therefore, was contrary to law and the evidence, and the court erred in overruling his motion for a new trial.

¶2Judgment reversed.

Luke and Bloodworth, JJ., concur.