Smith v. State

Feb 24, 1944
30391.
Reporters:
, ,
Before:
MacIntvke
MacIntvke, J.

1. The accused was. charged with the manufacture of intoxicating liquors. Applying the rule laid down in Yonce v. State, 154 Ga. 419 (114 S. E. 325), and Flint v. State, 29 Ga. App. 222 (114 S. E. *698 585), both of which were cases of manufacturing intoxicating liquors, to the evidence in the instant case, the verdict was authorized.

Decided February 24, 1944. M. G. Hides, J. F. Kelly, for plaintiff in error. Henderson L. Lanhamj solicitor-general, contra.

2. In the Yonee case, supra, the Supreme Court answered a certified question from this court, and laid down a rule which was later embodied in a charge by the trial court. This charge was approved by this court in Smith v. State, 43 Ga. App. 223 (158 S. E. 365). See also West v. State, 68 Ga. App. 56, 62 (22 S. E. 2d, 115). The excerpt from the charge here excepted to is supported by all of the above-cited cases.

Judgment affirmed.

Broyles, G. J., and Gardner, J., eoneur.