Legal Opinion

Everett v. City of Vidalia

Court of Appeals of Georgia

Decided June 22, 1914No. 5412PublishedCited by 4 opinions

Certiorari; from Toombs superior court — Judge Bawlings. December 3, 1913. Minnie Everett was convicted in the mayor’s court of Vidalia on the charge of having violated a municipal ordinance forbidding the keeping and storing of whisky or other intoxicating liquors for the purpose of sale. Her petition for certiorari alleged that the conviction was contrary to law and to the evidence.

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Certiorari; from Toombs superior court — Judge Bawlings. December 3, 1913. Minnie Everett was convicted in the mayor’s court of Vidalia on the charge of having violated a municipal ordinance forbidding the keeping and storing of whisky or other intoxicating liquors for the purpose of sale. Her petition for certiorari alleged that the conviction was contrary to law and to the evidence. On the trial Lige Oliver testified: “On a Saturday night, some time in March or April of this year, myself, Charlie Langston, Daisy Smith, and Ella Peterson all went to this woman’s house (meaning .the…

1Opinion of the CourtRussell, C. J.

1. Evidence of a single illegal sale of intoxicating liquor, without further proof, may be sufficient to authorize the inference that intoxicants were kept for the purpose of illegal sale, in Violation of a municipal ordinance penalizing such keeping, and to, justify a conviction under the ordinance, provided the evidence is sufficient to satisfy the mind that this purpose existed at or before the time of the alleged sale; but a conviction under the ordinance can not be supported when it does not appear that a sale was intended by the owner of the liquor before the liquor was consumed, though…

2Cited by4 opinions

  1. Shepherd v. City of JacksonCourt of Appeals of Georgia · 1916
  2. Jones v. City of RomeCourt of Appeals of Georgia · 1914
  3. Lewis v. City of FitzgeraldCourt of Appeals of Georgia · 1915
  4. Porter v. Mayor of AthensCourt of Appeals of Georgia · 1916

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