Bienert v. State

(After stating the foregoing facts.) It is contended by the plaintiff in error that the accusation here is fatally defective in that it does not negative all of the lawful ways under which the defendant might have sold the liquor in question, under the authority of Capitol Distributing Co. v. State, 83 Ga. App. 303 (63 S. E. 2d, 451). It is contended by the defendant in error that the accusation has been previously held by the court to be sufficient, and that this has become the law of the case, in Bienert v. State, supra. The two accusations, although identical, represent two different…