14 Ga. App. 399 | Ga. Ct. App. | 1914
The plaintiff in error was found guilty by the recorder of the City of Atlanta of having violated the city ordinance prohibiting the keeping of intoxicating liquors for unlawful sale. His petition for certiorari was overruled, and he excepted.
The answer of the recorder shows that there was evidence of an unlawful sale of intoxicating liquor, made by some person or persons, in or near the Beavers Club, a fraternal organization having a lodge-room in Atlanta, Georgia, with a drinking-room for its members, and a reading-room connected therewith. Under the state
It is evident, from the testimony, that an illegal sale of intoxicating liquor was made in the vicinity or within the confines of the Beavers Club; but while all who participate in a misdemeanor, either as principal or accessory, are equally guilty, it
It is not'enough to suspect the guilt of the defendant, but, as was said by Hill, C; J., in the case,, of Cain v. Cordele, 8 Ga. App. 435 (69 S. E. 580), “In all criminal cases the merciful rule is of inflexible application that guilt must be shown beyond a reasonable doubt, and that a bare suspicion of guilt is not sufficient upon which to base a verdict of conviction.” As to the sales testified about as having occurred at the Beavers Club, there is absolutely nothing to excite even a suspicion of guilt against the defendant, except the fact that he was admittedly the manager of the club and presumably in charge or control of the premises; but this suspicion is not enough to'exclude the probability of illegal conduct on the part of some member of the club or of other parties within the confines of the club, without his participation, knowledge, or consent; and therefore the judgment overruling the certiorari should be reversed. Judgment reversed.