Elliott v. State
Supreme Court of Georgia
Before Judge Smith. Wilcox superior court. September adjourned term, 1892. Indictment for selling spirituous and intoxicating ■liquor on July 1, 1892, in Wilcox county.
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Before Judge Smith. Wilcox superior court. September adjourned term, 1892. Indictment for selling spirituous and intoxicating ■liquor on July 1, 1892, in Wilcox county. The defend■ant demurred on the grounds, among others, that the .act of February 22, 1877, upon which the indictment was based, is wholly unconstitutional and void, because the body of it contains matter different from that contained in the title; and that a pai’t of the act being unconstitutional the whole is, because the subject-matter •of the act is single, and the .legislative intent is defeated by reason of the…
1Opinion of the Court
Simmons, Justice.
1. The statute in question,, in the body thereof, prohibited the sale, in the county of Wilcox, of “ intoxicating liquors of any kind or quality,” but the title embraced “ spirituous liquors ” only. (Acts 1877, p. 343.) For this reason it was held,, in the case of McDuffie v. The State, 87 Ga. 687, that the statute is inoperative .as to liquors not spirituous. Whether it is valid as to matter covered by the title was not decided. The question in that case was simply whether an indictment was 'demurrable which charged in general terms the sale of intoxicating liquors, without…
2Cases cited4 opinions
- Baldwin v. FranksSupreme Court of the United States · 1887
- McDuffie v. StateSupreme Court of Georgia · 1891
- Conley v. StateSupreme Court of Georgia · 1890
- McArthur v. StateSupreme Court of Georgia · 1882
3Cited by38 opinions
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- City Council of Augusta v. MangellySupreme Court of Georgia · 1979
- Fortson v. WeeksSupreme Court of Georgia · 1974
- Mattox v. StateSupreme Court of Georgia · 1902
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