Metcalf v. State

Blandford, Justice.

Metcalf was indicted for retailing spirituous- liquors in Chattahoochee county without a license, and he was convicted. The acts of 1873, p. 271, and 1875, p. 330, require a person who desires to sell spirituous liquors to get the consent of two-thirds of the freeholders residing within three miles of the place at which he proposes to do business for six months prior to the application to petition the ordinary to grant the application. Metcalf presented his petition, purporting to contain the requisite number of freeholders so resident. The ordinary after this discovered…