12 Ga. App. 564 | Ga. Ct. App. | 1913
1. The accused was convicted of selling intoxicating liquors. One ground of his motion for a new trial is the alleged newly discovered testimony of one witness; and, m connection with this ground, it was shown that this witness was confined in jail under sentence for an offense similar to that for which the accused was awaiting trial, and for which he was subsequently indicted and convicted. Only one witness made. affidavit as to the character of the alleged newly discovered witness. Held: There was no abuse of discretion in overruling the motion for a new trial on this ground.
2. The sale, and the manufacture of intoxicating liquors may.be alleged in. one count in an indictment, and proof of either crime charged in such count will be sufficient to support a general verdict of guilty. McAdams v. State, 9 Ga. App. 166 (70 S. E. 893); Sou. Ex Co. v. State, 1 Ga. App. 700 (58 S. E. 67).
3. The objections made to the charge of .the court as to the inference to be drawn where one receives money for whisky and shortly thereafter
4. No error of law appears and the verdict is supported by the evidence.
Judgment affirmed.