White v. State
Supreme Court of Georgia
Indictment for misdemeanor. Before Judge Turnbull. City court of Floyd county. September term, 1893. The defendant was convicted of selling liquor without license, and his motion for a new trial was overruled. The only witness, Copeland, testified as follows; Defendant was a blacksmith in Cave Spring, Floyd county. Within the last two years witness gave him thirty cents and asked him to obtain some whisky for witness.
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Indictment for misdemeanor. Before Judge Turnbull. City court of Floyd county. September term, 1893. The defendant was convicted of selling liquor without license, and his motion for a new trial was overruled. The only witness, Copeland, testified as follows; Defendant was a blacksmith in Cave Spring, Floyd county. Within the last two years witness gave him thirty cents and asked him to obtain some whisky for witness. Defendant went off up the Alabama road and returned in 15 or 20 minutes, bringing a pint of corn whisky. At that time there was no licensed seller of whisky in Cave Spring.…
1Opinion of the Court
Simmons, Justice.
1. The exceptions to the indictment were not properly taken. They were made in the motion for a new trial, the overruling of which is the error complained of in this court, but do not appear to have been made elsewhere. Exceptions which go merely to the form of an indictment should be made before the trial (Code, §4629); and even if made and ruled upon then, cannot properly be made the basis of a motion for a new trial. Flemister v. The State, 81 Ga. 768. For matters affecting the merits, the remedy after trial is by motion in arrest of judgment, and not a motion for a new…
2Cases cited6 opinions
- Patton v. StateSupreme Court of Georgia · 1888
- Grant v. StateSupreme Court of Georgia · 1891
- Grinad v. StateSupreme Court of Georgia · 1866
- Paschal v. StateSupreme Court of Georgia · 1890
- Gibson v. StateSupreme Court of Georgia · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Boswell v. StateSupreme Court of Georgia · 1901
- Bramblett v. StateSupreme Court of Georgia · 1977
- Ferrell v. StateSupreme Court of Florida · 1903
- Williams v. StateSupreme Court of Georgia · 1899
- Mack v. StateSupreme Court of Georgia · 1902
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