85 Ga. App. 354 | Ga. Ct. App. | 1952
1. Where a married woman, living with her husband, is convicted of possessing non-tax-paid whisky, and her motion for a new trial, based solely on the general grounds, is overruled, this court, upon appeal, will reverse such judgment of the trial court where it appears from the record that the only evidence adduced on the trial was that on a certain day officers found four and one-half gallons of non-tax-paid whisky, together with several empty bottles and a funnel, across a public road from the defendant’s home, a distance of some thirty-five or forty “steps”; no one was at home at the defendant’s at the time of the discovery, but the officers saw a car, which looked like that of the defendant, in which a man and woman were riding, drive away as they approached, and also saw 'a young white man flee from the woods where the whisky was found, and that this same man was, in the opinion of one of the- officers, seen talking to the defendant on
Judgment reversed.