Legal Opinion

McRae v. State

Court of Appeals of Georgia

Decided November 7, 1918No. 10004PublishedCited by 4 opinions

Indictment for manufacture of intoxicating liquor; from Wilcox superior court—Judge Crum. June 26, 1918. The indictment charged the accused with “the offense of making liquor, for that,” on the 12th day of May, 1918, in Wilcox county, he did “unlawfully and with force and arms knowingly permit and allow to be located on his premises and did possess apparatus for the manufacture of intoxicating liquors, wines, and beers, contrary to the laws,” etc.

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Indictment for manufacture of intoxicating liquor; from Wilcox superior court—Judge Crum. June 26, 1918. The indictment charged the accused with “the offense of making liquor, for that,” on the 12th day of May, 1918, in Wilcox county, he did “unlawfully and with force and arms knowingly permit and allow to be located on his premises and did possess apparatus for the manufacture of intoxicating liquors, wines, and beers, contrary to the laws,” etc. The demurrer was on the following grounds: (1) No offense is charged. (2) The indict- ment fails to allege by whom the apparatus for the…

1Opinion of the CourtBroyles, P. J.

The indictment, drawn under section 22 of the act approved March 28, 1917 (Acts of Extraordinary Session, March 20-28, 1917, p. 18), sufficiently charged a criminal offense under the laws of this State, and was not subject to the demurrer interposed. Accordingly the court did not err in overruling the demurrer and! in refusing to quash the indictment.

■Judgment affirmed.

Bloodworth and Harwell, JJ., concur.

2Cited by4 opinions

  1. Brown v. StateCourt of Appeals of Georgia · 1942
  2. Edwards v. StateCourt of Appeals of Georgia · 1920
  3. Crowe v. StateCourt of Appeals of Georgia · 1928
  4. O'Bryant v. StateCourt of Appeals of Georgia · 1928

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