Public-domain · open source
OpenJurist

46 Ga. App. 39

Evans v. State

Court of Appeals of Georgia

Decided November 16, 1932

Court of Appeals of Georgia · decided 1932-11-16

Relies on Davis v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1932-11-16

How this case has been cited

Cited by 4 later decisions — most recently January 1973

4 state decisions

2019321940195019601970decided

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.

View the full empirical analysis of this case →

Hooper, J.

¶11. Where one was tried on an indictment containing two counts, the first charging him with manufacturing intoxicating liquor, and the second with possessing intoxicating liquor, and the jury returned a verdict of guilty on the first count and not guilty on the second count, the verdict was repugnant. See Davis v. State, 43 Ga. App. 122 (157 S. E. 888), and cit. Where it appears, however, as it does in this case, that the judge in his charge expressly directed the jury that, should they find the defendant guilty under the first count, they should find him not guilty under' the second count, such a verdict as above referred to will not be held void for repugnancy.

¶22. The evidence authorized the verdict, no errors of law appear, and the trial judge did not err in overruling the motion for a new trial.

¶3Judgment affi/rmed.

Broyles, O. J., concurs. MacIntyre, J., not presiding.W. A. Dumpier, for plaintiff in error.Fred Kea., solicitor-general, contra.
/46/gaapp/39 · .json · Public domain