Legal Opinion

Mack v. State

Supreme Court of Georgia

Decided November 12, 1902PublishedCited by 19 opinions

Indictment for selling liquor. Before Judge Taliaferro. City court of Sandersville. August 14, 1902.

1Opinion of the CourtFish, J.

1. On the trial of one charged with having violated the law by illegally selling intoxicating liquor, proof that the accused received money from another person, accompanied with a request to procure whisky for the latter, and shortly thereafter delivered whisky to such person, puts the onus on the defendant of explaining where, how, and from whom he got the liquor (Grant v. State, 87 Ga. 265); and if the explanation offered by him is supported only by his own statement, the jury, if they believe it to be a mere subterfuge to cover up an illegal sale by himself, are authorized to find him…

2Cases cited2 opinions

  1. White v. StateSupreme Court of Georgia · 1894
  2. Grant v. StateSupreme Court of Georgia · 1891

3Cited by19 opinions

  1. In Re MooreCalifornia Court of Appeal · 1924
  2. Reese v. City of NewnanSupreme Court of Georgia · 1904
  3. State v. TurnerSupreme Court of Kansas · 1910
  4. Bray v. City of CommerceCourt of Appeals of Georgia · 1909
  5. Gaskins v. StateSupreme Court of Georgia · 1906

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