Smith v. State

1. At the May term, 1920, of the city court of Hall county an accusation was preferred against Malcomb B. Smith, charging him with the offense of misdemeanor; for that in Hall county on February 29, 1920, the-accused “did unlawfully, . . then and there accept delivery of, receive, control, and possess spirituous, vinous, malt, and intoxicating liquors, to wit, about 35 gallons,” contrary to the laws of the State, etc. Held, that the accusation was not subject to demurrer on the ground that the State statute upon which it is founded (Act Ex. Sess. 1917, p. 7) is invalid because superseded and…