14 Ga. App. 523 | Ga. Ct. App. | 1914
The defendant was convicted of a misdemeanor, in the city court of St. Marys. Before the adjournment of the court he applied for and obtained, on May 12, 1913, a rule nisi calling upon the solicitor of that court to show cause why a motion for a new trial, based upon the usual statutory grounds, should not be granted. The, court at the same time passed an additional order, setting the hearing of the motion for a new trial on June 9, 1913, in vacation, and providing for the preservation of the motion in various contingencies, but expressly requiring the movant to serve the solicitor with a copy of the brief of evidence by June 1, 1913. It does not appear that the motion was ever filed or served upon the solicitor of the city court; and, so far as appears from the record, no brief of evidence was ever prepared or served upon the solicitor. Nothing was ever done, except to procure, on May 12, the two orders to which we have referred. On June. 10 the defendant presented for sanction his petition for certiorari to the superior court of Camden county, and it was sanctioned. .The petition contains various assignments of error. The judge of the city court made answer to the writ of certiorari, and, on the hearing, the certiorari was dismissed by the judge of the superior court. • In the bill of exceptions error' is assigned upon' the judgment dismissing the certiorari. • •
One who rents a house to another with the knowledge that the latter intends to use it for the illegal sale or storage of intoxicating liquors is an accessory aiding and abetting in the commission of this offense, and therefore may be convicted of this misdemeanor as a principal; but it is for the jury alone, and not for the court, to determine whether or not certain facts constitute criminal negligence; and for that reason it was error to charge the jury that if they believed that the defendant, when he rented his house, had an opportunity to know that the person to whom he rented it intended to use it for the illegal sale or keeping of liquors, he would be guilty. . Judgment reversed.