Legal Opinion

Cureton v. State

Supreme Court of Georgia

Decided March 14, 1911PublishedCited by 8 opinions

Certified question; from Court of Appeals. 2753. The Court of Appeals, desiring instructions necessary to a proper determination of a .case, pending in" that court, certified to the Supreme Court as follows: “The indictment charges that the defendant, Cureton, did, in the county of the prosecution,/sell and barter for a valuable consideration alcoholic, spirituous, malt, and intoxicating liquors, by then and there, for a valuable consideration from the purchasers, delivering…

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Certified question; from Court of Appeals. 2753. The Court of Appeals, desiring instructions necessary to a proper determination of a .case, pending in" that court, certified to the Supreme Court as follows: “The indictment charges that the defendant, Cureton, did, in the county of the prosecution,/sell and barter for a valuable consideration alcoholic, spirituous, malt, and intoxicating liquors, by then and there, for a valuable consideration from the purchasers, delivering to the Southern Express Company, a corporation and common carrier, at its office at Rising Fawn, said county, said…

1Opinion of the CourtAtkinson, J.

1. The act approved August 6th, 1907 (Acts 1907, p. 81), made it a misdemeanor, punishable as prescribed in the Penal Code of 1895, § 1039, for any person within the limits of this State to sell or barter for a valuable consideration, either directly or indirectly, any alcoholic, spirituous, malt, or intoxicating liquors or intoxicating bitters, or other drinks which, if drunk to excess, would produce intoxication. The indictment, which contained allegations relative to sales of intoxicating liquors, as set forth in the first headnote, clearly charges the sale of such liquors. It was…

2Cases cited5 opinions

  1. Doster v. StateSupreme Court of Georgia · 1893
  2. Dunn v. StateSupreme Court of Georgia · 1889
  3. Moore v. StateSupreme Court of Georgia · 1906
  4. Falvey & Co. v. RichmondSupreme Court of Georgia · 1891
  5. Armour & Co. v. City CouncilSupreme Court of Georgia · 1910

3Cited by8 opinions

  1. Kuck v. StateSupreme Court of Georgia · 1919
  2. Gaines & Co. v. HolmesSupreme Court of Georgia · 1922
  3. Ryman v. LeggSupreme Court of Georgia · 1934
  4. Colley v. StateCourt of Appeals of Georgia · 1965
  5. Small Grain Distilling Co. v. DavisCourt of Appeals of Georgia · 1912

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