Public-domain · open source
OpenJurist

93 Ga. App. 403

King v. State

Court of Appeals of Georgia

Decided February 16, 1956

Court of Appeals of Georgia · decided 1956-02-16

Cited by 3 later decisions — most recently October 2000

3 state decisions

Relies on 32 Ga. App. 75 - Meek v. State · 72 Ga. App. 54 - City of Atlanta v. Ginn · 72 Ga. App. 54 - Roberson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1956-02-16

View the full empirical analysis of this case →

Townsend, J.

¶1In this State, where the husband and wife reside together there is a legal presumption that all household effects, including non-tax-paid liquor, found on the premises belong to the husband. This presumption is, however, rebuttable, and where on a search of the premises non-tax-paid liquor is found in the house which the wife admits is in her charge, nothing more appearing, the words “I am in charge of the whisky” may be presumed to mean “I am in possession and control of the whisky” so as to authorize her conviction for possessing non-tax-paid liquor. Isom v. State, 32 Ga. App. 75 (122 S. E. 722); Roberson v. State, 72 Ga. App. 54 (32 S. E. 2d 913). The trial court did not err in overruling the motion for a new trial on the general grounds.

¶2Judgment affirmed.

Gardner, P. J., and Carlisle, J., concur.
/93/gaapp/403 · .json · Public domain