Opinion
38961.
DECIDED JULY 14, 1961.
Liquor violation. Chattooga City Court. Before Judge Boney.
Archibald A. Farrar, for plaintiff in error.
Earl B. Self, Solicitor-General, contra.
The accusation charging that the defendant did on June 3, 1960, possess whisky not having affixed to the container thereof a tax stamp as provided by law, being general and not confined to the specific date only permitted a conviction on proof that the defendant possessed illegal whisky at any time within the period of the statute of limitations. Haupt v. State, 108 Ga. 60 ( 33 S.E. 831). Regardless of whether the testimony as to the finding of whisky in the defendant's home on the night of the raid, June 3rd, would be sufficient of itself to authorize a conviction, there is the testimony of a witness, a neighbor of the defendant, that in the spring prior to June 3rd he went twice to the defendant's home and purchased moonshine whisky from a gallon bottle which the defendant kept under the sink. This is sufficient in itself to support the conviction.
The trial court did not err in overruling the motion for a new trial.
Judgment affirmed. Frankum and Jordan, JJ., concur.