Legal Opinion

Johnson v. State

Court of Appeals of Georgia

Decided August 30, 1913No. 5025PublishedCited by 1 opinion

Accusation of sale of liqupr; from city court of Baxley — Judge Sellers. July 12, 1913.

1Opinion of the CourtPottle, J.

This case falls within the well-settled rule that on a trial foi selling intoxicating liquoi-, a prima facie case is made out for the State by proof of a delivery of the whisky by the accused and payment to him of money or other thing of value by the purchaser. If the accused defends upon the ground that he was acting solely as agent for the purchaser, the burden is upon the accused to show that he was not interested in the sale, received no benefit therefrom, and acted solely as agent for the buyer. McGovern v. State, 11 Ga. App. 267 (74 S. E. 1101). In the present case the accused did not…

2Cases cited1 opinion

  1. McGovern v. StateCourt of Appeals of Georgia · 1912

3Cited by1 opinion

  1. Mobley v. StateCourt of Appeals of Georgia · 1913

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