21 Ga. App. 502 | Ga. Ct. App. | 1917
The defendant was tried on an accusation charging him with “a misdemeanor, to wit, violation prohibition law, for that the said defendant, in the county aforesaid, on the 13th day of September, 1917, . . did unlawfully transport^ ship, and carry, and caused to be transported, shipped, and carried from a point without this State to a point within this State, and from place to place in this State, spirituous, vinous, malted, fermented, and intoxicating liquors; and did have, receive, control, and possess, in this State, spirituous, vinous, malted, and fermented liquors.” The jury returned a verdict as follows: “We, the jury, find the defendant guilty of transporting whisky.” The defendant made a motion in arrest of judgment, upon numerous grounds, the substance of them all being that “the verdict returned by the jury does not find the defendant guilty of any crime or offense upon .which judgment or sentence can be pronounced.” The trial judge-overruled this motion and pronounced sentence, to which judgment the -defendant excepted.
The sole question for determination is whether the verdict so . returned is equivalent to a general verdict of guilty of transporting liquor, in violation of the act of 1917 (Ex. Ses., p. 8, sec. 1), as alleged in the accusation, or whether it is a special verdict, merely finding the fact that the defendant had “transported whisky,” without finding that he had committed any offense. A special verdict is rendered when the jury find certain facts to exist, and leave the court to determine whether or not, according to the law which controls these facts, the prisoner is guilty. McGuffie
Judgment affirmed.-