Legal Opinion

Cooley v. State

Supreme Court of Georgia

Decided January 10, 1922No. 2425PublishedCited by 10 opinions

Accusation of violating liquor law. Before Judge Eourke. City court of Savannah. December 28, 1920. On July 29, 1920, an accusation was lodged against the defendant in the city court of Savannah, charging him with a violation of the State prohibition act of March 28, 1917. This accusation was in two counts. In the first count the defendant was charged with having in his possession spirituous liquors; and in the second count he was charged with selling spirituous liquors.

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Accusation of violating liquor law. Before Judge Eourke. City court of Savannah. December 28, 1920. On July 29, 1920, an accusation was lodged against the defendant in the city court of Savannah, charging him with a violation of the State prohibition act of March 28, 1917. This accusation was in two counts. In the first count the defendant was charged with having in his possession spirituous liquors; and in the second count he was charged with selling spirituous liquors. The defendant demurred to this accusation, on the ground that the Georgia prohibition act had been superseded and repealed…

1Opinion of the CourtHines, J.

(After stating the foregoing facts).

1. This court has held that the eighteenth amendment to the constitution of the United States and. the national prohibition act known as the Volstead act do not supersede and repeal the Georgia prohibition act of March 28, 1917. Jones v. Hicks, 150 Ga. 657 (104 S. E. 771, 11 A. L. R. 1315); Scroggs v. State, 150 Ga. 753 (105 S. E. 363); Edwards v. State, 150 Ga. 754 (105 S. E. 363); Smith v. State, 150 Ga. 775 (105 S. E. 364); Neville v. State, 152 Ga. 205 (108 S. E. 802). We see no reason to change the position taken by this court in the above cases. This…

2Cases cited27 opinions

  1. United States v. CruikshankSupreme Court of the United States · 1876
  2. Grafton v. United StatesSupreme Court of the United States · 1907
  3. Moore v. IllinoisSupreme Court of the United States · 1852
  4. National Prohibition CasesSupreme Court of the United States · 1920
  5. Gilbert v. MinnesotaSupreme Court of the United States · 1920

22 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Scheinfain v. AldredgeSupreme Court of Georgia · 1941
  2. Teague v. StateSupreme Court of Georgia · 1951
  3. Jones v. StateSupreme Court of Georgia · 1942
  4. Nance v. StateCourt of Appeals of Georgia · 1971
  5. Head v. StateCourt of Appeals of Georgia · 1938

5 more not listed; retrieve them via the Exa API.

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