Legal Opinion

Starr v. State

Court of Appeals of Georgia

Decided February 18, 1913No. 4590Published

. Indictment for sale of liquor; from Henry superior court-judge E. T. Daniel. November 30, 1912.

1Opinion of the CourtPottle, J.

The conviction of the accused of selling intoxicating liquor is

abundantly supported upon the application of the familiar principle that where it is shown that one furnished to another intoxicating liquor, and received therefor money or other thing of value, lie is presumed to be the seller; and the burden is upon him to show that he was not the actual seller of the liquor, but was acting solely as agent for the buyer. Cheatwood v. Buchanan, 9 Ga. App. 828 (72 S. E. 284). Unless the jury accept the explanation, this burden is not carried by the - mere claim of the accused, in his statement on…

2Cases cited1 opinion

  1. Cheatwood v. City of BuchananCourt of Appeals of Georgia · 1911

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