Morris v. State

Morris v. State, 179 S.E. 822 (Ga. Ct. App. 1935)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: April 19, 1935
Docket: No. 24451
Judges: MacIntyre
Citations: 179 S.E. 82251 Ga. App. 1451935 Ga. App. LEXIS 601

Cited by 9

Opinion of the Court — MacIntyre

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MacIntyre, J.

Where 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 *146 liquor 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 ).

It 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.

Judgment affirmed.

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

How later courts describe this case

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

Cited by 9 cases

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State Appellate Courts9

Relies on it most ⓘ

Scott v. State195 S.E. 923 (Ga. Ct. App. 1938)
Harper v. State69 S.E.2d 102 (Ga. Ct. App. 1952)
Acker v. State52 S.E.2d 559 (Ga. Ct. App. 1949)
Bryant v. State126 S.E.2d 538 (Ga. Ct. App. 1962)
Brown v. State41 S.E.2d 912 (Ga. Ct. App. 1947)
Vinson v. State116 S.E.2d 240 (Ga. Ct. App. 1960)

Most recent

Bryant v. State126 S.E.2d 538 (Ga. Ct. App. 1962)
Vinson v. State116 S.E.2d 240 (Ga. Ct. App. 1960)
Tucker v. State71 S.E.2d 767 (Ga. Ct. App. 1952) · Dissent
Harper v. State69 S.E.2d 102 (Ga. Ct. App. 1952)
Johnson v. State67 S.E.2d 246 (Ga. Ct. App. 1951)
Acker v. State52 S.E.2d 559 (Ga. Ct. App. 1949)

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 4

Depth	Case	Cited by
	Reddick v. State, 74 S.E. 901 (Ga. Ct. App. 1912)	39
	Wilson v. State, 110 S.E. 8 (Ga. 1921)	23
	Holt v. State, 66 S.E. 279 (Ga. Ct. App. 1909)	11
	Carter v. State, 94 S.E. 630 (Ga. Ct. App. 1917)	8

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