Hanson v. State

Gardner, Presiding Judge.

The defendant was convicted on an indictment charging the making of distilled spirits, alcohol, whisky, mixed liquors and beverages in a dry county. His motion for a judgment notwithstanding the verdict was denied, and he assigns error on this judgment.

Decided April 14, 1960 Rehearing denied May 12,1960. Walton Hardin, for plaintiff in error. J. Cecil Davis, Solicitor-General, contra.

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.

Judgment affirmed.

Townsend, Carlisle and Frankum, JJ., concur.