Sowell v. State
Supreme Court of Georgia
Indictment for unlawful sale of liquor. Before Judge Over-street. City court of Sylvania. April 7, 1906. A special presentment was returned by tlie grand jury of Screven, county against Lovett Sowell, the material portions of this presentment being as follows: that the defendant, “without a license and without taking the oath prescribed by law, and without license from the proper authorities of said county, and without license from the corporate authorities of any town or…
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Indictment for unlawful sale of liquor. Before Judge Over-street. City court of Sylvania. April 7, 1906. A special presentment was returned by tlie grand jury of Screven, county against Lovett Sowell, the material portions of this presentment being as follows: that the defendant, “without a license and without taking the oath prescribed by law, and without license from the proper authorities of said county, and without license from the corporate authorities of any town or city where by law the authority to grant license is vested in such corporate authorities, did sell, for a valuable…
1Opinion of the CourtLumpkin, J.
1. Under the decision in Wells v. State, 118 Ga. 556, the first ground of the demurrer was fatally defective. In that decision it was said (page 558) : “One of the grounds of the demurrer was that ‘separate and distinct’ offenses, for which ‘separate and distinct penalties are provided,’ are improperly joined in the indictment; but the demurrer fails to even indicate what these ‘separate and distinct’ offenses are; and for this reason, if for no other, the ground was fatally defective.” The first ground of the demurrer was therefore properly overruled.
2. It is not quite easy to understand…
2Cases cited2 opinions
- Wells v. StateSupreme Court of Georgia · 1903
- Kemp v. StateSupreme Court of Georgia · 1904
3Cited by4 opinions
- Anderson v. StateCourt of Appeals of Georgia · 1907
- Gatlin v. StateCourt of Appeals of Georgia · 1916
- Boatwright v. StateCourt of Appeals of Georgia · 1920
- Bragg v. StateSupreme Court of Georgia · 1906