28 S.E.2d 81 | Ga. Ct. App. | 1943
1. The defendant was found guilty of an attempt to commit the offense charged in the accusation. The pleading and the evidence authorized the verdict.
2. In his statement to the jury, the defendant contended that he had the large amount of liquor in question for his own use, and not for the purpose of selling it at retail, as charged in the accusation. Thus he set up that his act was an innocent one. The evidence of the other transactions, even though the law denominates them crimes, was admissible to rebut a possible inference of his innocent intention, or to rebut his defense based upon his statement, which sought to explain that his act of possessing distilled spirits and alcohol was an innocent act.
3. The defendant complains that there was no proof that Jack Foster, the person named in the former accusations introduced in evidence, was the same Jack Foster named in the present accusation. Neither in his pleading, nor in his statement, did he deny that he was the person named in the former accusations. "Generally speaking, identity of names is prima facie evidence of identity of persons." Williams v. State,
4. The charge to the jury is not subject to the exceptions made for the reasons assigned.
2. The State introduced two former accusations on which the *307
defendant was found guilty: (1) For controlling spirituous and alcoholic liquors, and (2) for selling distilled spirits and alcohol as a retail dealer without paying the State license tax. Each accusation alleged an offense on a different date. The defendant, in his statement to the jury, contended that he had this rather large amount of liquor for his own use and not for the purpose of selling it at retail, thus setting up that his act was an innocent one. We think that the evidence of the other transactions, even though the law denominates them as crimes, was admissible to rebut a possible inference of his innocent intention, or to rebut his defense based upon his statement, which sought to explain that his act of possessing distilled spirits and alcohol was an innocent act. We might add that these previous transactions tended to illustrate, characterize, and rebut the explanation of the defendant as to his acts on the day charged in the present accusation. Where the acts of the defendant are capable of more than one construction, his former acts, as disclosed by the other accusations introduced in evidence, were relevant for the jury to consider in determining whether his act on the day in question was, or was not, an innocent one. The other transactions tended to illustrate, characterize, and explain the defendant's act, which was capable of more than one construction. Thus the court did not err in permitting this evidence to be introduced for that purpose.Lewis v. State,
3. The rulings announced in headnotes 3 and 4 require no elaboration.
Judgment affirmed. Broyles, C. J., and Gardner, J., concur. *308