Barbour v. State
Supreme Court of Georgia
Accusation, of misdemeanor; from city court of Savannah— Judge Rourke. August 8, 1916. Transferred by Court of Appeals. Andrew D. Barbour was convicted in the city court of Savannah on an accusation charging him with a violation of the prohibition law. The accusation contained six counts. The defendant was found guilty on the fourth count. He filed a motion for a new trial, and a motion in arrest of judgment.- Both motions were overruled, and he excepted.
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Accusation, of misdemeanor; from city court of Savannah— Judge Rourke. August 8, 1916. Transferred by Court of Appeals. Andrew D. Barbour was convicted in the city court of Savannah on an accusation charging him with a violation of the prohibition law. The accusation contained six counts. The defendant was found guilty on the fourth count. He filed a motion for a new trial, and a motion in arrest of judgment.- Both motions were overruled, and he excepted. The fourth count charged him with having in his possession at one time more than one gallon of vinous liquor.
1Opinion of the CourtGilbert, J.
(After stating the foregoing facts.) 1. Among the provisions of the prohibition law enacted at the extraordinary session of the General Assembly in 1915, which became effective on May 1, 1916, was that which forbids any person to have in his possession at any one time more than one gallon of vinous liquors. It was for a violation of this provision of the law that the plaintiff in error was sentenced. He insists, that he possessed the wine prior to May 1; that, having acquired the wine when it was lawful to do so¿ and before his property rights were affected by the law, his possession was not…
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