Barron v. State
Decision Date | 12 May 1933 |
Docket Number | No. 22568.,22568. |
Citation | 46 Ga.App. 829,169 S.E. 323 |
Parties | BARRON. v. STATE. |
Court | Georgia Court of Appeals |
Syllabus by Editorial Staff.
no person other than wife was in possession thereof, was in possession of accused husband as head of family, and that jury would be authorized to find husband guilty of possession, held reversible error.
Error from City Court of Dublin; G. C. Bidgood, Judge.
W. H. Barron, Sr., brings error.
Reversed.
W. A. Dampier, of Dublin, for plaintiff in error.
J. A. Merritt, Sol., of Dublin, for the State.
Syllabus Opinion by the Court.
1. Isom v. State, 32 Ga. App. 75 (1), 122 S. E. 722; Penney v. State, 43 Ga. App. 466, 467, 159 S. E. 289. "As long as husband and wife are living together, the husband is the head of the family, and the house occupied by them may properly be denominated as his house, even though the wife pays the house rent and supports the husband." Patterson v. State, 8 Ga. App. 454, 69 S. E. 591.
2. To raise the presumption stated above, It is essential that it be proven that the husband and wife reside together on the premises where the whisky is found.
3. In the case at bar the court instruct ed the jury as follows: ...
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Heaton v. State, 52127
...includes an exclusive curtilage), the presumption is that such contraband was possessed by the head of the household. Barron v. State, 46 Ga.App. 829, 169 S.E. 323; Thomas v. State, 99 Ga.App. 25, 107 S.E.2d 687. Moreover, this 'equal access rule' is not applicable to marijuana plants growi......
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Moreland v. State, s. 50022 and 50023
...where contraband is found in a house the presumption is that such contraband was possessed by the head of the household. Barron v. State, 46 Ga.App. 829, 169 S.E. 323; Thomas v. State, 99 Ga.App. 25, 107 S.E.2d 687. However, where others, not members of the defendant's household, live there......
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Goode v. State
...where contraband is found in a house the presumption is that such contraband was possessed by the head of the household. Barron v. State, 46 Ga.App. 829, 169 S.E. 323; Thomas v. State, 99 Ga.App. 25, 107 S.E.2d 687. However, where others, not members of the defendant's household, live there......
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