Smith v. State
Supreme Court of Georgia
Accusation of keeping open a tippling-house on the Sabbath day. Before Judge Berry. Criminal court of Atlanta. September term, 1898. On September 18, 1898, Smith was convicted in the criminal court of Atlanta upon an accusation charging him with keeping’ open a tippling-house on the Sabbath day.
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Accusation of keeping open a tippling-house on the Sabbath day. Before Judge Berry. Criminal court of Atlanta. September term, 1898. On September 18, 1898, Smith was convicted in the criminal court of Atlanta upon an accusation charging him with keeping’ open a tippling-house on the Sabbath day. Upon the trial Dobbins, a policeman, testified that, on Sunday, July 31, 1898; he gave Jessie Tsaac a marked “quarter,” and that she went, under his instructions, to a high fence in rear of defendant’s house, and called him out into the back yard and asked him for whisky; that defendant went into his…
1Opinion of the CourtFish, J.
1. One of the assignments of error in the motion for a new trial was that the court erred in failing to charge the *726jury upon the plea of former acquittal. We do not think there is any merit in this exception. The offenses of retailing liquor without license and keeping open a tippling-house on the Sabbath day are separate and distinct. Neither of them is a necessary element in and an essential part of the other. Either of them may be committed without perpetrating the other. A person prosecuted for either is in no jeopardy of being convicted of the other, or of any offense which is an…
2Cases cited2 opinions
- Blair v. StateSupreme Court of Georgia · 1888
- Bell v. StateSupreme Court of Georgia · 1898
3Cited by12 opinions
- Harris v. StateSupreme Court of Georgia · 1941
- Gully v. StateSupreme Court of Georgia · 1902
- Gee v. StateSupreme Court of Georgia · 1969
- Butler v. StateCourt of Appeals of Georgia · 1973
- O'Brien v. StateSupreme Court of Georgia · 1900
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