14 Ga. App. 473 | Ga. Ct. App. | 1914
.Ernest Dozier was tried, upon an accusation • containing two counts, the first charging him with having unlawfully kept intoxicating liquors on hand at his place of business, and the second charging the sale of such liquors. The jury returned a general verdict, as follows: “We,‘the jury, find the defendant guilty.” The defendant filed a motion for a new trial upon the usual general grounds. The motion was overruled, and he brought the ease to this court for review.
In looking through the record, we are unable to find any evidence that sustains a conviction on the second count of this accusation. The only evidence offered for the State was that of T. D. Allman,
This was the only evidence offered by the State, and it was wholly insufficient to authorize a verdict of guilty of the sale of whisky as charged in the second count. The verdict, being a general verdict of guilty, means guilty on both counts; for upon an indictment or accusation containing more than one count, all charging distinct misdemeanors (as in this case), a general verdict of guilty is to be construed as convicting the defendant of each and, every criminal transaction alleged therein. Where an indictment is for only one offense, though it contains a number of counts in which the method of the commission of the offense is variously
If the place where the detective and' his companion found this whisky was the defendant’s place of business (which is denied in his statement), the evidence may have authorized the jury to find him guilty on the first count; but the evidence was not sufficient to authorize a conviction on both counts, and the verdict therefore is not supported by the evidence. For that reason a new trial must be granted, and the case sent back for another hearing. See Driver v. State, 112 Ga. 229 (37 S. E. 400); Tooke v. State, 4 Ga. App. 495 (61 S. E. 917); Morse v. State, 10 Ga. App. 61-66 (72 S. E. 534). Judgment reversed.