Legal Opinion

Graham v. State

Supreme Court of Georgia

Decided January 26, 1905PublishedCited by 1 opinion

Indictment for selling liquor to minor. • Before Judge Proffitt. City court of Elberton. November 28, 1904.

1Opinion of the CourtLamar, J.

1. Whether the liquor sold was intoxicating or not was a matter about which the evidence was in conflict, but that of the State was sufficient to warrant a conviction.

2. In a prosecution for the sale of liquor to a minor, under the Penal Code, §444,. the burden is on the defendant to show written authority from the parent or guardian. Reich v. State, 63 Ga. 620 ; Amos v. State, 34 Ga. 531; Hines v. State, 93 Ga. 187 (2).

Judgment affirmed.

All the Justices concur.

2Cases cited3 opinions

  1. Reich v. StateSupreme Court of Georgia · 1879
  2. Amos v. StateSupreme Court of Georgia · 1866
  3. Hines v. StateSupreme Court of Georgia · 1893

3Cited by1 opinion

  1. Blocker v. StateCourt of Appeals of Georgia · 1912