Phillips v. State
Court of Appeals of Georgia
Certiorari; from Fulton superior court — Judge Bell. April 10, 1911. ' X Phillips was convicted in the criminal court of Atlanta of a violation of the prohibition law in keeping liquor on hand at his place of business. The evidence for the State shows that the police officers entered his store with a search warrant, and found in the rear of the store a barrel and a half barrel of quart bottles of whisky, and a part of a barrel of pint bottles of whisky.
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Certiorari; from Fulton superior court — Judge Bell. April 10, 1911. ' X Phillips was convicted in the criminal court of Atlanta of a violation of the prohibition law in keeping liquor on hand at his place of business. The evidence for the State shows that the police officers entered his store with a search warrant, and found in the rear of the store a barrel and a half barrel of quart bottles of whisky, and a part of a barrel of pint bottles of whisky. There were also about two barrels of empty bottles of the same kind just outside the store, and, on the window sill, some emptv whisky…
1ConcurrencePowell, J.
My associates vote for an affirmance on the ground that, while there was error, it was harmless. I vote for the same judgment on the ground that there was no error. The question is as to how far the proprietor of a place of business absolves himself from responsibility as to the keeping of intoxicating liquors in the room where the business is carried on by letting a definite portion of the space to another. We all agree that if the leasing of the space was a mere subterfuge, or was consummated with knowledge that the space would be used for the keeping of liquors, the lessor and the lessee…
2Cases cited3 opinions
- Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. HayesMassachusetts Supreme Judicial Court · 1896
- State v. . DentonSupreme Court of North Carolina · 1911