Legal Opinion

Bentley v. City of Atlanta

Court of Appeals of Georgia

Decided May 17, 1915No. 6227Published

Certiorari; from Fulton superior court — Judge Pendleton. November 17, 1914.

1Opinion of the Court

Russell, O. J.

1. In prosecutions for violations of municipal ordinances which prohibit the keeping on hand of intoxicating liquors for unlawful sale, or which forbid any person to carry intoxicating liquors on his person or about the streets for the purpose of sale, the purpose for which the liquor is kept or carried is the chief ingredient, — an element so essential that a conviction is not supported unless it be established beyond a reasonable doubt that the keeping, or the carrying, as the case may be, was for the purpose of illegal sale. Penal Code, § 1010; Chester v. Atlanta, 7 Ga. App.…

2Cases cited2 opinions

  1. Williams v. StateCourt of Appeals of Georgia · 1913
  2. Daniel v. City of AtlantaCourt of Appeals of Georgia · 1910

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