35 Ga. App. 592 | Ga. Ct. App. | 1926
Presence of a person at a distillery when whisky is actually being made, and his flight, or attempted flight, on seeing an officer approaching, may, when not satisfactorily explained, authorize a jury to find him guilty of manufacturing whisky. Whether an attempted explanation of such presence and conduct is reasonable and satisfactory is a question for the jury. Lindsay v. State, 32 Ga. App. 74 (3) (122 S. E. 649), and cit. In the instant ease the accused, with several other persons, was at a whisky distillery when it was in operation. There was some evidence that all the persons, including the accused, attempted to escape when the officers approached the distillery. The accused was the only white man at the distillery, which was a 60-gallon copper outfit.
Judgment affirmed.