Boyd v. State
| Decision Date | 22 October 1948 |
| Docket Number | No. 32198.,32198. |
| Parties | BOYD. v. STATE. |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
The evidence demanded the verdict in favor of the State condemning the automobile alleged to have been used in conveying prohibited liquors, and the court did not err in directing it.
Error from City Court of Louisville; W. Wright Abbot, Judge.
Proceeding by the State of Georgia against Elder Boyd to condemn an automobile allegedly used in conveying prohibited liquors. To review a judgment entered upon a directed verdict condemning the automobile, defendant brings error.
Judgment affirmed.
M. C. Barwick and O. B. Cannon, Jr., both of Louisville, for plaintiff in error.
Q. L. Bryant, of Louisville, for defendant in error.
This is a proceeding to condemn an automobile alleged to have been used in conveying prohibited liquors. It was brought by the Solicitor of the City Court of Louisville for the State under the provisions of the Ga. Code Ann. § 58-207, against Elder Boyd as the defendant.
An officer of the Revenue Department testified substantially as follows: After having a complaint that carried him to the place, he drove up behind the car described in the petition for condemnation, while it was being operated by the defendant along a public road in Jefferson County; that two other persons, Buster Whigham and L. D. Boyd, were in the car with the defendant; that when he drove up behind the car and sounded his siren the defendant tried to out-run him, and the only way he could get the defendant to stop was to crowd his car to the ditch of the road; that while this was being done he noticed the persons in the car breaking glass containers; that when he finally stopped the defendant's car he found on the floor in the back of the car several broken half-gallon glass jars or containers, and one broken container in the front seat, and found in the bottom of one of the containers unstamped "moonshine" liquor; that he noticed that some of the liquor was running out of the door of the car; and from the amount of liquor he saw running out, and on the floor of the car and on the ground, it was his opinion and he would say that there were more than three gallons of whiskey that had been broken in the car; that the witness arrested the three persons for having unstamped liquor and turned them over to the sheriff of the county; at which time the defendant confessed to the sheriff that he had in the car two gallons of unstamped liquor himself, and that his two companions had a gallon and a half together. The sheriff testified that the confession as sworn to by the revenue officer was/made to him by the defendant. An accusation from the City Court of Louisville showing the conviction of the defendant for the offense of transporting liquor on the same day shown in the petition for condemnation was put in evidence.
The only evidence offered by the defendant was his own testimony substantially as follows: On the afternoon in question he went to see a friend by the name of Dozier, the main reason for going being to pay a visit,...
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