Autrey v. State

• Decision Date: 24 April 1916
• Docket Number: (No. 7097.)
• Citation: Autrey v. State, 18 Ga.App. 13, 88 S.E. 715 (Ga. App. 1916)
• Parties: AUTREY. v. STATE.
• Court: Georgia Court of Appeals

18 Ga.App. 13

88 S.E. 715

AUTREY.

v.STATE.

(No. 7097.)

Court of Appeals of Georgia.

April 24, 1916.

(Syllabus by the Court.)

Broyles, J., dissenting.

Error from City Court of Columbus; G. Y. Tigner, Judge.

Ben Autrey was convicted of keeping whisky at his place of business, and brings error. Reversed.

Ed. Wohlwender and Paul Blanchard, both of Columbus, for plaintiff in error.

T. H. Fort, Sol., of Columbus, for the State.

RUSSELL, C. J. Judgment reversed.

BROYLES, J. (dissenting). The defendant was convicted of keeping whisky on hand at his place of business. There being direct testimony from the arresting officers that they found whisky in the defendant's place of business, the conviction did not depend wholly upon circumstantial evidence, and therefore the judge did not err, in the absence of a timely written request therefor, in failing to charge the law of circumstantial evidence. In my opinion the judgment of the lower court should be...