6 Ga. App. 575 | Ga. Ct. App. | 1909
The plaintiff in error was convicted in the recorder’s court of the City of Atlanta of the offense of keeping intoxicating liquors on hand for unlawful sale. His certiorari to the superior court, which was overruled, raises the point that his ■conviction was contrary to law and without evidence to support it. The circumstances relied upon to show guilt were, that one Jim Brown was seen to come out of the defendant’s room with a quart bottle of brandy; that a short time prior thereto Brown had been given $1.50 with which to buy liquor, by two witnesses, one of whom was an officer, who arrested Brown as he came out of the defendant’s room, and took from him the quart of brandy. This officer testified that the money which had been given Brown to «urdíase the liquor was marked, and that he searched the person
The statement alleged to have been made by Brown when he was arrested was hearsay, and was inadmissible in a prosecution against the defendant, and therefore it possesses no probative value. Eastlick v. Southern Ry. Co., 116 Ga. 48 (42 S. E. 439); Suttles v. Sewell, 117 Ga. 216 (43 S. E. 486). The only circumstances indicating the defendant’s guilt, therefore, are, that Brown was given $1.50 by the officers for the purpose of buying intoxicating-liquor; that he was seen shortly afterwards to come from the bedroom of the defendant with a quart bottle of brandy; and that on other occasions the defendant was seen to go to his bedroom in company with other parties and remain about five minutes. These circumstances are sufficient to raise a strong suspicion of the defendant’s guilt, but are they not equally consistent with his innocence? We do not think that the circumstance that a "stool-pigeon” engaged himself to the officers of the law to obtain evidence of the defendant’s guilt, and the fact that he obtained $1.50 for that purpose, when there is no evidence that the brandy was bought or paid for,.
Judgment reversed.