Public-domain · open source
OpenJurist

32 Ga. App. 491

Dunn v. State

Court of Appeals of Georgia

Decided July 15, 1924

Court of Appeals of Georgia · decided 1924-07-15

Cited by 3 later decisions — most recently January 1968

3 state decisions

Relies on Tompkins v. State · Howard v. State · Lewis v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1924-07-15

View the full empirical analysis of this case →

Luke, J.

¶11. “In the absence of evidence to the contrary, it may be inferred that a liquor called for and delivered and paid for as whisky is whisky, and therefore intoxicating liquor.” Tompkins v. State, 2 Ga. App. 639 (58 S. E. 1111). See also Lewis v. State, 6 Ga. App. 779 (65 S. E. 842); Howard v. State, 7 Ga. App. 61 (2) (65 S. E. 1076). Under this ruling the admission of evidence as to which complaint is made in the motion for a new trial was not error.

¶22. Failure to instruct the jury on the law of impeachment of witnesses is complained of, but it is not shown that such a charge was requested. It is well settled that it is not reversible error for the court to fail to instruct the jury upon that subject, in the absence of a timely written request to do so. Tobin v. State, 29 Ga. App. 305 (3) (115 S. E. 36), and cit.

¶33. The refusal to declare a mistrial because of the remarks of the prosecut*492ing attorney does not, under the facts of this case, require a reversal of the judgment below.

Decided July 15, 1924.

¶44. The evidence amply authorized the verdict, and the court did not err in overruling the motion for a new trial.

¶5 Judgment affirmed.

■Broyles, O. J., and Bloodworth, J., concur. Hallie Bell, J. F. Urquhart, T. A. Jacobs Jr., for plaintiff in error. Roy W. Moore, solicitor, contra.
/32/gaapp/491 · .json · Public domain