8 Ga. App. 433 | Ga. Ct. App. | 1910
Cain was convicted by the mayor and council of the City of Cordele of a violation of a city ordinance, in keeping and having on hand, for the purpose of illegally selling, dealing and bartering in the same, whisky, beer, malt, and other vinous liquors within the City of Cordele. He eertioraried this finding to the superior court; the certiorari was overruled, and he excepted. The only question raised in the record is whether the finding was contrary to law, as being without any evidence to support it.
The following is, in substance, the evidence in behalf of the city: Henry Lucas testified: I can neither read nor write. A party of us negroes raised $15 with which to purchase liquor for ourselves. We wanted 20 quarts, and the money was turned over to me as the agent of the other parties. Not knowing how to read or write, and having confidence in Mr. Cain (the defendant), I went to him and got him to order the whisky for me. He gave me a receipt for the $15 at the time I gave him the money. A few days later he gave me back $2.60, claiming that I had overpaid him. The $2.60 was returned to me after the whisky was received by the city officers. The chief of police of the- city testified that he got a drum of liquor from a negro drayman’s wagon as he was leaving the A., B. & A. freight depot. It was seized on the public streets of Cordele and was marked to John Cain, and Mr. Cain made the statement in the office of the chief, on the afternoon when the whisky was seized, that it belonged to himself and others. The
The defendant’s statement was, in substance, as follows: I was approached by Henry Lucas on or about the 12th day of February, 1910, who wanted me to order him 20 quarts of whisky and gave me $15 to do it with. I took the money and went'from there to Thompson’s livery stable. There were several in Mr. Thompson’s office, and I mentioned the incident and we made up a purse and ordered a drum of whisky. The names of the different parties, and the amounts ordered, are as follows: Henry Lucas, 20 quarts; Bob Thompson, 6 quarts; Buck Wheeler, 6 quarts; Ocie Smith, 6 quarts, and myself 12 quarts. I did not know what the whisky cost at that time, and as soon as I received the bill I paid back all overplus, and did not make one penny’s profit on a single quart of it. ’ The whisky cost 62 cents per quart, and I gave back Henry Lucas $2.60. It is true I gave him back the money after this case had been made against me, but this case was made against me before I received the whisky.
Does the evidence show that the defendant had on hand, for the purpose of illegal sale, the whisky that was seized ? Does it prove his guilt beyond a reasonable doubt, or does it simply raise a bare suspicion of his guilt, on which the Supreme Court and this court have frequently said guilt can not be legally predicated? The majority of this court is clearly of the opinion that the evidence, considered most unfavorably, with all inferences therefrom, simply raises a bare suspicion of guilt against the defendant. We do not think that the evidence for the city made out a prima facie case of guilt; for from this evidence it afijrmatively appeared that the defendant was acting as agent for the purchasers of the liquor, at least as to the 20 quarts which he had undertaken to order for Henry Lucas and the other negroes who had given Henry Lucas the money with which to order and pay for the liquor. It is true that the drum of liquor contained more than 20 quarts; for the evidence, showed that it contained 100 pints; but the evidence further showed that the drum was. addressed to the defendant.