12 Ga. App. 816 | Ga. Ct. App. | 1913
Mamie Smith, a colored woman, was adjudged guilty by the recorder of Atlanta of a violation of section 1489 of" the City Code of Atlanta (1910), which prohibits the keeping on hand of intoxicating liquors for the purpose of illegal sale. On certiorari the finding of the recorder was affirmed by the superior court, and this writ of error challenges the correctness of the judgment of affirmance. No special error of law is complained of, the contention being solely that the finding of the recorder was without, any evidence to support it. The evidence is as follows: A police-officer went to the house of the accused and found ten half-pints of whisky concealed in a chimney, in a place where several bricks had been taken out. The accused, being questioned at the time, first said that there was no whisky in her house; and when the whisky was found she claimed that it belonged to her, but she subsequently stated that it belonged to a railroad man. In addition to the whisky a small quantity of beer was found. 'The recorder admitted in evidence, over objection of the accused,.the following testimony of' a policeman: “I stay in the Station Sergeant’s office, and a woman called me up- and told me her name was Millie Ann Murphy, and said that she had bought a half pint of whisky from Mamie Smith, and if we would go there we would find it in the right-hand room, in the closet; and we went there and found it exactly where she-