Thompson v. State
Decision Date | 12 May 1932 |
Docket Number | 8749. |
Citation | 164 S.E. 202,174 Ga. 804 |
Parties | THOMPSON v. STATE. |
Court | Georgia Supreme Court |
Syllabus by the Court.
In liquor prosecution, objection to testimony that witness poured defendant's whisky out, because given after witness asserted ignorance of ownership of whisky held within Court of Appeals' jurisdiction.
In liquor prosecution, objection to evidence because procured by unconstitutional search held within Court of Appeals' jurisdiction (Const. U.S. Amend. 5).
The plaintiff in error was tried on an accusation charging him with having in his possession and control a quantity of intoxicating liquors, and the jury returned a verdict of guilty. The defendant made a motion for a new trial, which was overruled, and he excepted. In two grounds of the motion error is assigned upon the admission of certain evidence which the state insists tended to show that the allegations in the accusation as to the possession and control of the liquors in question were true, and that the defendant was guilty as charged. A part of this evidence was objected to upon the ground that it was obtained by an unlawful search of the defendant's house, in violation of certain specified portions of the State and Federal Constitutions. Held that the assignments of error in the two grounds of the motion referred to are not of such a character as to give this court jurisdiction of the case. The jurisdiction of the questions raised in this record is vested by our Constitution in the Court of Appeals.
Error from City Court of Macon County; C. H. Hall, Judge.
C. A Thompson was convicted of having in his possession and control a quantity of intoxicating liquors, and he brings error.
Transferred to the Court of Appeals.
R Douglas Feagin, of Macon, for plaintiff in error.
John Y Roberts, Sol., of Macon, for the State.
The eighth and ninth grounds of the motion for a new trial in this case are as follows:
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