Kelley v. State

Gregory, Justice.

Appellants were charged, along with 95 others, with selling alcoholic beverages to persons under 19 years of age in violation of OCGA § 3-3-23 (a)(1) (Code Ann. § 5A-510). It is undisputed that the individuals to whom these alcoholic beverages were sold were 18 years of age at the time the sedes were made. The trial court denied appellants’ pre-trial motion to dismiss their indictments on the ground OCGA § 3-3-23 (Code Ann. § 5A-510) is unconstitutional.

1. Appellants contend the statute is unconstitutionally vague in that subsection (d) permits 18-year-old members of the…