Smith v. State
24 S.E.2d 702 | Ga. Ct. App. | 1943
The evidence authorized the verdict.
Counsel cites Miller v. State,
37 Ga. App. 373 (140 S.E. 792 ), as authority on which he bases his contention for a reversal. The facts in that case were different from those in the instant case, and that case is not controlling. The fact that the intoxicants were found in the home and on the premises of the defendant raised a rebuttable presumption that they belonged to him. The court was authorized to find that there was no evidence to overcome this presumption, and the defendant's statement did not do so. The judge did not err in overruling the motion for new trial.
Judgment affirmed. Broyles, C. J., and MacIntyre, J., concur.