Elkins v. State
Supreme Court of Georgia
" Indictment for retailing spirituous liquors without license. Tried before Judge Iverson, in Taylor Superior Court, May Term, 1853. The indictment in this case charged, “ that the said Elkins, on the fifteenth day of February, in the year eighteen hundred and fifty-two, in the County and State aforesaid, did sell, by retail, .spirituous liquors in quantities less than one quart, to one Cornelius Brantly, to wit: one gill of whiskey, without license from the Inferior Court…
Read the full summary
" Indictment for retailing spirituous liquors without license. Tried before Judge Iverson, in Taylor Superior Court, May Term, 1853. The indictment in this case charged, “ that the said Elkins, on the fifteenth day of February, in the year eighteen hundred and fifty-two, in the County and State aforesaid, did sell, by retail, .spirituous liquors in quantities less than one quart, to one Cornelius Brantly, to wit: one gill of whiskey, without license from the Inferior Court of said County,” &c. On the trial, counsel for defendant demurred to the bill of indictment, upon the ground that it did…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The section of the Penal Code under which the plaintiff in error was indicted, is in the following words: “ If any person shall keep a tippling shop, or retail liquors, or sell by retail in quantities less than one quart, any wine, brandy,' rum, gin, whiskey, or other spirituous liquors, or any mixture of such liquors, in any house, boothe, arbor, stall or other place whatever, without license from the Inferior Court of the County, except in corporate towns or cities where, by law, authority to grant licenses is vested in the corporate…
2Cases cited1 opinion
- State v. BarkerSupreme Court of Vermont · 1846
3Cited by23 opinions
- Kitchens v. StateSupreme Court of Georgia · 1903
- Herring v. StateSupreme Court of Georgia · 1901
- Jensen v. StateWisconsin Supreme Court · 1884
- Rumph v. StateSupreme Court of Georgia · 1903
- Mayson v. City of AtlantaSupreme Court of Georgia · 1886
18 more not listed; retrieve them via the Exa API.