Phillips v. State
Supreme Court of Georgia
Criminal law. Liquor. Indictment. Practice. Brief of evidence. Before Judge Lumpkin. Madison superior court. March term, 1890. The indictment was found at the September term, 1889, and it alleged that the defendant, “on the-day of-,” 1888, in Madison county, was guilty of selling spirituous liquor in quantity less than one gallon without a license.
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Criminal law. Liquor. Indictment. Practice. Brief of evidence. Before Judge Lumpkin. Madison superior court. March term, 1890. The indictment was found at the September term, 1889, and it alleged that the defendant, “on the-day of-,” 1888, in Madison county, was guilty of selling spirituous liquor in quantity less than one gallon without a license. The conviction (as certified by the judge) was based on the testimony of one witness exceedingly reluctant to testify what he knew. His testimony was as follows: Direct examination : I know the defendant; he has a bar-room and store in Madison…
1Opinion of the Court
Simmons, Justice.
Phillips was tried for the offence of selling spirituous liquors without a license, and was ’convicted. He made a motion for a new trial upon the grounds that the verdict was contrary to law and the evidence, and without evidence to support it, and that the indictment was fatally defective in that it failed to allege the month or the day upon which the alleged sale took place; which was overruled, and he excepted.
This case is rather weak upon the facts, but there was some evidence going to show the guilt of the defendant, and as the trial judge was satisfied with the finding…
2Cited by8 opinions
- Johnson v. StateSupreme Court of Georgia · 1892
- Lyles v. StateSupreme Court of Georgia · 1959
- Adkins v. StateSupreme Court of Georgia · 1897
- Brown v. StateCourt of Appeals of Georgia · 1950
- Draper v. StateCourt of Appeals of Georgia · 1909
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