Gallagher v. State

As shown by the certificate of the Court of Appeals in this case, the court instructed the jury as follows: “I further charge you that if you find from the evidence that the defendant had whisky in bottles or receptacles less than a quart, then that is a violation of law, and that raises the presumption that the defendant had the liquor for the purpose of illegal sale.” We are asked: “Was this charge in accordance with the provisions of section 18 of the act of the General Assembly of Georgia, approved November 18, 1915 (Georgia Laws, 1915, Extraordinary Session, p. 101); or was it the…