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Atkinson v. State
102 S.E. 878
Ga. Ct. App.
1920
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Broyles, C. J.

The defendant was convicted, under section 22 of the act of 1917 (Ga. Laws, Ex. Sess. 1917, p. 18), of knowingly permitting apparatus for the manufacturing or distilling of intoxicating liquors to be located on his premises. There was no evidence that authorized a finding that the land upon which the apparatus was discovered was owned, controlled, or possessed by the defendant. His conviction, therefore, was contrary to law and the evidence, and the court erred in overruling his motion for a new trial. See Alexander v. State, ante, 175.

Judgment reversed.

Luke and, Bloodworth, JJ., concur.

Case Details

Case Name: Atkinson v. State
Court Name: Court of Appeals of Georgia
Date Published: Apr 13, 1920
Citation: 102 S.E. 878
Docket Number: 11221
Court Abbreviation: Ga. Ct. App.
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