17 S.E.2d 204 | Ga. Ct. App. | 1941
1. Mere presence of the defendant at a whisky still in operation by others is not alone sufficient to sustain a conviction of manufacturing whisky. In addition thereto there must be shown some act or acts essential to the illegal manufacture of the whisky. Brown v. State,
2. In the absence of legal evidence setting up the corpus delicti as to this defendant, connecting him with the offense of manufacturing whisky at a still being operated by others, not on his premises, but where he was merely present, allegedly incriminating "admissions" by him seeking to learn who "reported" him and requesting the officer to "speak a good word for him" (to the court) were insufficient to support a conviction for illegally manufacturing whisky.
3. There was no legal evidence to sustain the conviction. It becomes unnecessary to pass on the remaining assignments of error.
The headnotes require no elaboration.
Judgment reversed. Broyles, C. J., and MacIntyre, J.,concur.