Legal Opinion

Lumpkin v. City of Atlanta

Court of Appeals of Georgia

Decided January 22, 1913No. 4177PublishedCited by 1 opinion

Certiorari; from Fulton superior court—Judge Bell. March 19, 1912.

1Opinion of the CourtRussell, J.

If the evidence points to the defendant’s guilt of any offense, it is that of selling intoxicating liquor, of which the recorder’s court has no jurisdiction, because the State courts alone .have cognizance of this offense. Moran v. Atlanta, 102 Ga. 840 (30 S. E. 298). If there were circumstances indicating that the accused had been in possession or control of the liquor in question, the evidence of an illegal sale might be sufficient to support the inference that he was keeping it for sale in violation of a municipal ordinance; but there being no such evidence in the record, and, on the…

2Cases cited1 opinion

  1. Moran v. City of AtlantaSupreme Court of Georgia · 1898

3Cited by1 opinion

  1. Mills v. City of AtlantaCourt of Appeals of Georgia · 1915

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