Smith v. State
Supreme Court of Georgia
Criminal law. Jury. Liquor. Local statute. Constitutional law. Before Judge Martin. Harris superior court. October term, 1891. Smith was tried upon a special presentment charging him with the offence of misdemeanor, for that on April 13, 1891, in the county of Harris, he did then and there unlawfully, etc., sell one gallon of spirituous, vinous and malt liquors, without having first paid to the county commissioners of said county the tax required by law, and without having…
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Criminal law. Jury. Liquor. Local statute. Constitutional law. Before Judge Martin. Harris superior court. October term, 1891. Smith was tried upon a special presentment charging him with the offence of misdemeanor, for that on April 13, 1891, in the county of Harris, he did then and there unlawfully, etc., sell one gallon of spirituous, vinous and malt liquors, without having first paid to the county commissioners of said county the tax required by law, and without having obtained the written consent of two thirds of the borta fide resident freeholders within three miles of the place where…
1Opinion of the Court
*134 Judgment reversed.
The evidence showed that the defendant sold liquor only by the gallon, in 1889, 1890 and 1891, in the county and not within the corporate limits of any city, town or village. He introduced the record of the ordinary’s office, showing that he had registered in that office and paid the tax in 1889,1890 and 1891. He stated that he had sold liquor by the gallon and upwards, and in no other way; was advised he had the right so to do ; if he had violated the law, he did not intend to do it. He was found guilty, and took exceptions to the following portions of -the charge to the…
2Cited by6 opinions
- Cobb v. StateSupreme Court of Georgia · 1979
- Mayes v. DanielSupreme Court of Georgia · 1938
- Atlanta Savings Bank v. SpencerSupreme Court of Georgia · 1899
- Sasser v. MartinSupreme Court of Georgia · 1897
- Parrish v. Mayor of SavannahSupreme Court of Georgia · 1938
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