TaiLexi AI U.S. Case Law

Lewis v. State

Lewis v. State, 65 S.E. 1072 (Ga. Ct. App. 1909)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals of Georgia · State Appellate Courts
Decided
November 9, 1909
Docket
No. 2175
Judges
Powell
Citations
65 S.E. 10727 Ga. App. 561909 Ga. App. LEXIS 531
Summary
Accusation of misdemeanor; from city court of Oglethorpe— Judge Greer. August 31, 1909.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Powell

Text extracted by OCR from a scanned original; check the original for exact wording.

Powell, J.

1. The evidence was sufficient to authorize the verdict.

2. The excerpt from the charge of the court, when fairly construed, is not subject to the objection taken to it.

3. Where a defendant is charged with keeping intoxicating liquors on hand at his place of business, and there is evidence that liquors were found there, and the issue has been raised as to whether they were there with the defendant’s knowledge and consent, it is permissible for the State to show, as corroborative of the theory that the defendant was responsible for their presence, any fact or circumstance legitimately tending to show that the defendant was using the place as a “blind tiger,” or for the illegal sale of liquor. Where circumstantial evidence of the character above indicated is offered by the State and the objection of irrelevahey is made by the defendant’s counsel, it is permissible for the solicitor-general to state to the court that he expects to show that the defendant has been running a “blind tiger” at the place where the liquor was found'. The making of this statement, under these circumstances, is not improper, nor legally prejudicial to the accused, although the jury is present when the statement is made.

4. When an exception is taken to alleged improper remarks of the solicitor-general in the argument of the case, and the court qualifies it by the statement that he did not hear the remarks, and, therefore, can not say whether the ground is true or not, this leaves the ground unapproved and prevents its consideration by this court.

Judgment affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1920: 11943: 11964: 119202026peak 1920 · 1

Relies on it most ⓘ

  1. Brown v. State138 S.E.2d 741 (Ga. Ct. App. 1964)
  2. Jones v. State103 S.E. 472 (Ga. Ct. App. 1920)
  3. Hester v. State27 S.E.2d 248 (Ga. Ct. App. 1943)

Most recent

  1. Brown v. State138 S.E.2d 741 (Ga. Ct. App. 1964)
  2. Hester v. State27 S.E.2d 248 (Ga. Ct. App. 1943)
  3. Jones v. State103 S.E. 472 (Ga. Ct. App. 1920)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list