13 Ga. App. 66 | Ga. Ct. App. | 1913
The plaintiff in error was convicted of the offense of selling intoxicating liquor, and his motion for a new trial, based upon the general grounds alone, being overruled, he brings error. The evidence was as follows: The first witness for.the prosecution, who was a police officer, testified, that he saw the accused go out of the back door of a store, “and take from his bosom a pint of whisky and deliver it to Homer Strong, and I saw Homer Strong deliver the defendant 75 cents in money. I arrested defendant and found on him five pints of whisky like that delivered to Homer Strong; it was at night and I was standing about thirty feet away.” Homer Strong, being introduced by the State, testified as follows: “I remember the occasion testified about by Mr. Crow, and it is true that the defendant delivered to me a pint of whisky, and I delivered him 75 cents in money. Defendant gave me the whisky, however, and afterwards, while I was standing there, I paid him 75 cents that I owed him for borrowed money which he had lent me about a month before that time. Defendant knew at the time that the money I gave him was to pay him the debt I owed him for borrowed money; he asked me if I could pay him the money I owed him, and I taken the money from my pocket and gave it to him.” This was the only evidence, and the accused made no statement to the jury.
While the general rule is that the jury should not arbitrarily refuse to believe the evidence of an unimpeached witness, in the