Porter v. City of Atlanta

Russell, O. J.,

dissenting. I would cheerfully concur in the judgment of affirmance were it not for the fact that in my opinion the circumstances in proof, while raising a grave suspicion of the defendant’s guilt, are not sufficiently strong to exclude every other reasonable supposition than that the liquor was kept for sale. The same rule must be applied by a recorder in passing upon circumstantial evidence as is made mandatory upon a jury under the provisions of the code.