Opinion

Brown v. State

  • 36 Ga. App. 119
  • 135 S.E. 518
  • 1926 Ga. App. LEXIS 811
Court
Court of Appeals of Georgia
Filed
Nov 9, 1926
Status
Published
Author
Luke
On the bench
Luke
Cited by
2 cases
Authority
More cited than 66.4%

Disapproved in part by Southern Grocery Stores Inc. v. Donehoo, 59 Ga. App. 212 (1938)

Later courts went against this

  • Disapproved in part by Southern Grocery Stores Inc. v. Donehoo, 59 Ga. App. 212 (1938)

    So far as the decisions by the Court of Appeals in Parker v. State, 24 Ga. App. 267 (100 S. E. 452), and Brown v. State, 36 Ga. App. 119 (135 S. E. 518), may be contrary to the rulings in the instant case, these decisions are disapproved.
    Court of Appeals of GeorgiaNov 30, 1938in partRead it
  • Disapproved in part by Donaldson v. Great Atlantic & Pacific Tea Co., 186 Ga. 870 (1938)

    So far as the decisions by the Court of Appeals in Parker v. State, 24 Ga. App. 267 (100 S. E. 452), and Brown v. State, 36 Ga. App. 119 (135 S. E. 518), may be contrary to the rulings in the instant case, these decisions are disapproved.
    Supreme Court of GeorgiaSep 27, 1938in partRead it

The opinion

Luke, J.

Wliere, on the triál of one charged with having slaughtered an animal to be used for food for human consumption, which animal showed symptoms of being affected with cancer and other diseases, known to the defendant, the sole defense relied upon by him was that if the animal was diseased as alleged, he did not know it, it was reversible error for the court to fail to submit to the jury this contention. One of the essentials of the crime is knowledge in the person slaughtering the diseased animal for human consumption. Error being' properly assigned upon the failure so to charge, the court erred in overruling and *120 denying the defendant’s motion for a new trial complaining of his conviction. See Parker v. State, 24 Ga. App. 267 ( 100 S. E. 452 ).

Decided November 9, 1926.

E. L. Stephens, for plaintiff in error.

J. A. Merritt, solicitor, contra.

Judgment reversed.

Broyles, C. J., concurs. Bloodworth, J., absent on account of illness.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.