50 Ga. App. 66 | Ga. Ct. App. | 1934
Robert Booker, the defendant in this case, was indicted jointly with Clinton Baugh and George Sanford, for the offense of manufacturing intoxicating liquors. Asserting his innocence upon the trial, he pleaded not guilty. The jury returned a verdict of guilty. The evidence disclosed that around midnight
There are only the usual general grounds of the motion for a new trial. It is, undoubtedly, not to be questioned that if the defendant was actually present at the still, helping and furthering the ultimate end of making intoxicating liquor by means necessary to its performance, as witnesses for the State swore, he would have been guilty, and the jury would have been authorized to find him guilty of such offense. Learned counsel for the defendant insists, however, that the testimony of the State’s witnesses that they recognized the defendant at the still on the night in question is contrary to physical facts, is highly incredible and impossible, that it should
Judgment affirmed.