Legal Opinion

Bashinski v. State

Court of Appeals of Georgia

Decided October 21, 1908No. 1303PublishedCited by 8 opinions

Accusation of misdemeanor, before Judge Hodges — city court •of Macon. June 20, 1908. Bashinski was convicted on an accusation charging that he did "keep on hand, at the place of business of said I. Bashinski, .alcoholic, spirituous, malt, and intoxicating liquors.” It appears from the record that prior to the date on which the general prohibition law went into effect, the defendant ran a saloon in Macon.

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Accusation of misdemeanor, before Judge Hodges — city court •of Macon. June 20, 1908. Bashinski was convicted on an accusation charging that he did "keep on hand, at the place of business of said I. Bashinski, .alcoholic, spirituous, malt, and intoxicating liquors.” It appears from the record that prior to the date on which the general prohibition law went into effect, the defendant ran a saloon in Macon. After that date he opened up, in the place formerly occupied by the saloon, a restaurant and “soft-drink” dispensary. From the room in which the restaurant was conducted a door led into a…

1Opinion of the CourtPowell, J.

(After stating the foregoing facts.)

1. Under the opinion this day filed in the ease of Jenkins v. State, 4 Ga. App. 859 (62 S. E. 574), it is plain that the jury would have been authorized, but not required, to find that the rooms in which the defendant kept the liquors were within the legal definition of the phrase “at his place of business.”

2. Exceptions are taken to several instructions of the court to the jury, of which the following is fairly illustrative: “I charge-you, gentlemen of the jury, that if you believe, from a considera*5tion of the evidence adduced upon the trial of this case,…

2Cases cited4 opinions

  1. Tooke v. StateCourt of Appeals of Georgia · 1908
  2. Jenkins v. StateCourt of Appeals of Georgia · 1908
  3. Henderson v. HeywardSupreme Court of Georgia · 1899
  4. Walsch v. CallWisconsin Supreme Court · 1873

3Cited by8 opinions

  1. Hall v. StateCourt of Appeals of Georgia · 1911
  2. Smith v. StateCourt of Appeals of Georgia · 1912
  3. Holland v. StateCourt of Appeals of Georgia · 1911
  4. State v. WallaceSupreme Judicial Court of Maine · 1921
  5. Jackson v. StateCourt of Appeals of Georgia · 1911

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