46 Ga. App. 351 | Ga. Ct. App. | 1933
The only question presented by the record in this case is whether or not the evidence supports the verdict finding Marlin Smith guilty of manufacturing intoxicating liquor. The testimony of deputy sheriff Emmett Greenwood is, in sub
Bill Daugherty (Darty), sworn for the defendant, testified that he and the defendant and Asher and Fowler were at the still when it was raided; that witness and Fowler'arrived at the still before Smith got ther.e, and that Smith had been there about twenty minutes when the officers came; that Fowler had agreed to give witness one third of the whisky “to help him run it off;” that so far as witness knew, Smith and Asher had nothing whatever to do with the still, and that they did not take any part in operating it on the day in question; and that when the officers approached the still he (Smith), Asher, and Fowler all ran. This witness further swore: “There had been just one gallon of whisky made that morning when the officers came. The still was running.”
The defendant’s statement to the jury was as follows: “I started to Teloga that morning to get some little stuff to eat. . . And we were . . going the roadway to Teloga . . , and we looked that way and there was smoke, and so we went by there. It as about as near for us any way. And when we got down there Mr. Fowler and Mr. Daugherty were at the place, and we had not been there over about fifteen or twenty minutes till the law came in, and we all ran off. I did not have a thing in the world to do with it. And that is how I came to be there, just what I have said.”
Dan Brooks testified: that he went with the officers when they raided the still; that he saw “four fellows there,” but was not acquainted with them; that they all ran, but witness caught Asher; that the three others got away; and that they “were all dirty and sooty.”
In Yonce v. State, 154 Ga. 419 (114 S. E. 325), the Supreme Court answered a question certified by this court in this language:
We hold that the evidence in the case at bar supports the verdict, and that the trial judge did not err in overruling the motion for a new trial based solely upon the usual general grounds.
Judgment affirmed.