Kuck v. State
Supreme Court of Georgia
Accusation of misdemeanor. Before Judge Bourke. City court of Savannah. June 22, 1918. The first count of the accusation charged that on May 25, 1918, in the county of Chatham, H. F. Kuck “did unlawfully sell spirituous liquors,” etc.; and the second count charged that on the same day, in the same county, the same defendant “did unlawfully have, control,' and possess spirituous and malted liquors,” etc.
Read the full summary
Accusation of misdemeanor. Before Judge Bourke. City court of Savannah. June 22, 1918. The first count of the accusation charged that on May 25, 1918, in the county of Chatham, H. F. Kuck “did unlawfully sell spirituous liquors,” etc.; and the second count charged that on the same day, in the same county, the same defendant “did unlawfully have, control,' and possess spirituous and malted liquors,” etc. On the trial the verdict returned was: “We, the jury, find the defendant guilty on first count, and recommend him to the mercy of the court. Not guilty on second count.” Upon the verdict the…
1Opinion of the CourtAtkinson, J.
1. In 2 Bishop’s New Criminal Procedure, § 1015 (5), it is said: “No form of verdict will be good which creates a repugnancy or absurdity in the conviction ” See also, 16 Corpus Juris, § 2596 (5). where it is said" “A verdict on several counts must not be inconsistent.” The offense of a misdemeanor for selling spirituous liquors was charged in the first count in the language of section two of the act of 1915 (Ga. Laws, Ex. Sess. 1915, p. 79), making it a misdemeanor to sell spirituous liquors in this State. The offense of misdemeanor for having, controlling, and possessing spirituous liquors…
2Cases cited10 opinions
- Commonwealth v. HaskinsMassachusetts Supreme Judicial Court · 1880
- Southern Railway Co. v. HarbinSupreme Court of Georgia · 1910
- Tobin v. PeopleIllinois Supreme Court · 1882
- Commonwealth v. LowreyMassachusetts Supreme Judicial Court · 1893
- Hathcock v. StateSupreme Court of Georgia · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Shell v. StateCourt of Appeals of Maryland · 1986
- Duncan v. StateCourt of Appeals of Georgia · 1982
- King v. WatersSupreme Court of Georgia · 2004
- Gozner v. United StatesCourt of Appeals for the Sixth Circuit · 1925
- People v. AndurskyCalifornia Court of Appeal · 1925
49 more not listed; retrieve them via the Exa API.