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82 Ga. App. 132

60 S.E.2d 526

McQuire v. State

Court of Appeals of Georgia

Decided July 14, 1950

Court of Appeals of Georgia · decided 1950-07-14

Cited by 5 later decisions — most recently November 1960

5 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1950-07-14

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Townsend, J.

¶1(dissenting). Applying the principles of law laid down in headnotes 1, 2 and 3 to the statement of facts hereinafter set forth, it is my opinion that the evidence in the instant case is not sufficient to overcome the presumption that any whisky that may have been in the home was in the charge, custody and control of the mother of the defendant, she being the head of the house. Nor is it sufficient to show that the defendant aided and abetted in the commission of a misdemeanor and thereby, became guilty thereof as a principal. Nor is the evidence sufficient to exclude every other reasonable hypothesis save that of the guilt of the accused.

*134Bobby Lee Cook, for plaintiff in error.John W. Davis, Solicitor-General, pro tempore, contra.
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