Jackson v. State

• Decision Date: 22 July 1913
• Docket Number: 5,013.
• Citation: 78 S.E. 867,13 Ga.App. 147
• Parties: JACKSON v. STATE.
• Court: Georgia Court of Appeals

78 S.E. 867

13 Ga.App. 147

JACKSON v. STATE.

No. 5,013.

Court of Appeals of Georgia

July 22, 1913

Syllabus by the Court.

This case falls within the well-settled rule that where one receives money, and in consideration therefor delivers intoxicating liquor, he is presumed to be the seller, and his conviction is authorized, unless he shows to the satisfaction of the jury that he was neither the seller nor interested in the sale. To meet the prima facie case made by the state in the present case, the accused relied solely upon his own statement, which the jury had a right to disbelieve. The case differs from that of Davis v. State, 78 S.E. 866, this day decided. In that case the evidence relied on by the state showed that the accused neither furnished the whisky nor received any part of the money paid therefor.

The theory of defense upon which the court failed to charge having arisen solely from the prisoner's statement at the trial, and, no written request to charge upon such theory having been presented, the omission to charge is not reversible error. Cobb v. State, 11 Ga.App. 52, 74 S.E. 702.

Error from Superior Court, Laurens County; Frank Park, Judge.

Norman Jackson was convicted of selling intoxicating liquor, and brings error. Affirmed.

Howard & Kea, of Dublin, for plaintiff in error.

E. L. Stephens, Sol. Gen., of Wrightsville, for the State.

POTTLE, J.

Judgment affirmed.