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51 Ga. App. 145

Morris v. State

Court of Appeals of Georgia

Decided April 19, 1935

Court of Appeals of Georgia · decided 1935-04-19

Relies on 11 Ga. App. 150 - Reddick v. State · Wilson v. State · Moore v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1935-04-19

How this case has been cited

Cited by 8 later decisions — most recently June 1962

8 state decisions

201935194019501960decided

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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MacIntyre, J.

¶1Where one is accused of unlawfully having, possessing, and controlling intoxicating liquors, the essential element in the crime is the having, possessing, or controlling of the *146liquor knowingly; and when the State, by direct evidence, showed that the liquor was found in the defendant’s home, that he and his wife resided together, and that they were the only persons present in the home at the time of the finding of the liquor, this was direct evidence, and tended to establish the State’s case on all the elements of the crime, including knowledge, for the law presumes the liquor belonged to the defendant as the head of the family. Carter v. State, 21 Ga. App. 493 (94 S. E. 630); Wilson v. State, 152 Ga. 337, 341 (110 S. E. 8); Reddick v. State, 11 Ga. App. 150 (74 S. E. 901); Holt v. State, 7 Ga. App. 77 (66 S. E. 279).

¶2It was not error, in the absence of a written request, for the court to fail to charge the jury on the law of circumstantial evidence.

¶3Judgment affirmed.

Broyles, C. J., and Guerry, J., concur.
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