Legal Opinion

James v. State

Supreme Court of Georgia

Decided November 9, 1905PublishedCited by 13 opinions

Indictment for unlawful sale of liquor. Before Judge Gale. City court of Brunswick.- June 30, 1905. The accused was arraigned upon an indictment in which it was charged that she “unlawfully did sell and barter intoxicating liquors on the Island of St. Simons, in the County of Glynn.”

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Indictment for unlawful sale of liquor. Before Judge Gale. City court of Brunswick.- June 30, 1905. The accused was arraigned upon an indictment in which it was charged that she “unlawfully did sell and barter intoxicating liquors on the Island of St. Simons, in the County of Glynn.” The indictment was preferred under an act (Acts 1877, p. 335) of which the following is a copy: “An act to prohibit the sale of intoxicating liquors of any and every Idnd upon the Island of St. Simons, in the County of Glynn. “Section I. Be it enacted by the General Assembly of the State of Georgia, that from and…

1Opinion of the CourtCobb, P. J.

A sale in its broadest sense comprehends any contract for the transfer of property from one person to another for a valuable consideration. Century Dictionary; Cain v. Ligon, 71 Ga. 694. It is often used in a more limited sense as embracing only those contracts which are founded upon a money consideration. In an act prohibiting the sale of intoxicating liquors the word “sale” is to be construed in its broad and comprehensive sense, and therefore includes what is commonly known as barter and exchange. McGruder v. State, 83 Ga. 616(5); Griffin v. State, 115 Ga. 577(4); Paschal v. State, 84 Ga.…

2Cases cited5 opinions

  1. Cain v. LigonSupreme Court of Georgia · 1883
  2. Paschal v. StateSupreme Court of Georgia · 1890
  3. McGruder v. StateSupreme Court of Georgia · 1889
  4. Sasser v. StateSupreme Court of Georgia · 1896
  5. Griffin v. StateSupreme Court of Georgia · 1902

3Cited by13 opinions

  1. Nolan v. Central Georgia Power Co.Supreme Court of Georgia · 1910
  2. McKinney v. City of AbileneCourt of Appeals of Texas · 1952
  3. State ex inf. Harvey v. Missouri Athletic ClubSupreme Court of Missouri · 1914
  4. R. L. Bowling v. City of El PasoCourt of Appeals of Texas · 1975
  5. Hartwig v. RushingOregon Supreme Court · 1919

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