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Green v. State

Green v. State, 136 S.E. 323 (Ga. Ct. App. 1927)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
January 11, 1927
Docket
No. 17727
Judges
Luke
Citations
136 S.E. 32336 Ga. App. 2811927 Ga. App. LEXIS 16

Opinion of the Court — Luke

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Luke, J.

1. “The general rule is, that, on a prosecution for a particular crime, evidence which'in any manner shows or tends to show that the accused has committed another crime wholly independent from that for which he is on trial, even though it he a crime of the same sort, is irrelevant and inadmissible.” (Italics ours.) Booth v. State, 160 Ga. 271, 275-6 ( 127 S. E. 333 ). While there are a few exceptions to this general rule, as stated in the above-cited ease, “these exceptions ought to be carefully limited and guarded by the courts,” and, under all the facts of this case, the evidence of similar crimes, which was admitted over the objection of the defendant, did not come within the exceptions to the general rule.

2. The defendant was charged with illegally possessing “one quart of corn whisky in a bottle, at 366 Decatur street, in the City of Atlanta.” The evidence legally admitted in support of this charge was wholly circumstantial, and did not exclude every reasonable hypothesis save that of the guilt of the accused. See Kennedy v. State, 23 Ga. App. 141 ( 97 S. E. 894 ).

3. The judge of the superior court erred in overruling the certiorari.

Judgment reversed.

Broyles, C. J., coneurs. Bloodworth, J., absent on account of illness.

C. G. Battle, for plaintiff in error. Roy Dorsey, solicitor, John A. Boykin, solicitor-general, J. W. LeCraw, contra.

How later courts describe this case

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

1930: 11935: 119302026peak 1930 · 1

Relies on it most ⓘ

  1. Phillips v. State181 S.E. 233 (Ga. Ct. App. 1935) · Dissent
  2. Camp v. State153 S.E. 382 (Ga. Ct. App. 1930) · Dissent

Most recent

  1. Phillips v. State181 S.E. 233 (Ga. Ct. App. 1935) · Dissent
  2. Camp v. State153 S.E. 382 (Ga. Ct. App. 1930) · Dissent

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 2

DepthCaseCited by
Kennedy v. State, 97 S.E. 894 (Ga. Ct. App. 1919) 11
Booth v. State, 127 S.E. 733 (Ga. 1925) 15

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