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Lawskills.com Georgia Caselaw
HANSON v. THE STATE.
38234.
Liquor violation. Wilkes Superior Court. Before Judge Norman. February 1, 1960.
GARDNER, Presiding Judge.
In Wilson v. State, 215 Ga. 775 (113 S. E. 2d 607), the Supreme Court said: "There is no provision of law for the court in the trial of a criminal case to entertain a motion for a judgment of not guilty notwithstanding a verdict of guilty."
It follows that the verdict of the jury finding the defendant guilty must stand, inasmuch as the motion for a judgment notwithstanding the verdict could not properly be before the court in the trial of a criminal case and is not before this court.
ON MOTION FOR REHEARING.
We write this brief supplement to our opinion to indicate to counsel that we know that he is not insisting on the motion for a judgment notwithstanding the verdict. He stated in oral argument that he was not insisting on his motion for judgment notwithstanding the verdict in view of Wilson v. State, 215 Ga. 775.
243 (111 S. E. 214), both of which cases affirmed convictions on circumstantial evidence and hold nothing contrary to what is said here.
J. Cecil Davis, Solicitor-General, contra.
Walton Hardin, for plaintiff in error.
DECIDED APRIL 14, 196O -- REHEARING DENIED MAY 12, 1960.
Saturday May 23 00:09 EDT


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