Edwards v. State
Supreme Court of Georgia
Certiorari. Before Judge Holden. Jefferson superior court. May term, 1905. A special presentment was returned against Fannie Edwards for selling liquor without a license in Jefferson county. The offense was charged to have been committed on November 8, 1903. The presentment was returned at the November term, 1903, of •Jefferson superior court. The case was tried in the county court.
Read the full summary
Certiorari. Before Judge Holden. Jefferson superior court. May term, 1905. A special presentment was returned against Fannie Edwards for selling liquor without a license in Jefferson county. The offense was charged to have been committed on November 8, 1903. The presentment was returned at the November term, 1903, of •Jefferson superior court. The case was tried in the county court. A demurrer was filed to the presentment, on two grounds: First, because it was based on the general law of the State, as embodied in the Penal Code, §431, which makes it criminal to retail without a license, and…
1Opinion of the Court
Lumpkin; J.
(After stating the fficts.) 1, 2. It is contended, •on behalf of the plaintiff in error, that by the act of September 12, 1881 (Acts 1880 — 1, p. 608), the sale or furnishing of spirituous, malt, or intoxicating liquors within the limits of Jefferson •county was prohibited, and therefore there could be no indictment and conviction for selling liquor without a license in that county. Where by a valid subsisting law the sale of liquor is entirely prohibited in a county, the provisions of the general law requiring retailers of liquor to obtain a license, and making it penal to sell…
2Cases cited10 opinions
- O'Brien v. StateSupreme Court of Georgia · 1900
- Papworth v. StateSupreme Court of Georgia · 1897
- Patton v. StateSupreme Court of Georgia · 1888
- Griffin v. EavesSupreme Court of Georgia · 1901
- Hancock v. StateSupreme Court of Georgia · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Craig v. RenakerCourt of Appeals of Kentucky · 1923
- Gormley v. WaltonCourt of Appeals of Georgia · 1933
- Duren v. StephensSupreme Court of Georgia · 1906
- Rose v. StateCourt of Appeals of Georgia · 1907
- Gibbs v. Milk Control BoardSupreme Court of Georgia · 1938
1 more not listed; retrieve them via the Exa API.