Hicks v. State
Supreme Court of Georgia
Accusation of selling liquor. Before Judge Hammond. City court of Griffin. December term, 1898.
1Opinion of the CourtFish, J.
1. Section 434 of the Penal Code, which provides that, “If any person shall sell, or offer to sell, any spirituous, alcoholic, or malt liquors, in any quantities, within a radius of three miles of any church or public or private schoolhouse, he shall be guilty of a misdemeanor,” defines a complete affirmative offense ; and an accusation which charges one with the commission of such an offense and describes it in the language of that section is sufficient, without negativing an exception contained in a different section, viz. 435, to the effect that the provisions of the former section do not…
2Cases cited5 opinions
- Jordan v. StateSupreme Court of Georgia · 1857
- Elkins v. StateSupreme Court of Georgia · 1853
- Cook v. StateSupreme Court of Georgia · 1858
- Williams v. StateSupreme Court of Georgia · 1892
- Hester v. StateSupreme Court of Georgia · 1855
3Cited by8 opinions
- Kitchens v. StateSupreme Court of Georgia · 1903
- Barfield v. StateCourt of Appeals of Georgia · 1939
- Tigner v. StateSupreme Court of Georgia · 1903
- Pyron v. ArnoldCourt of Appeals of Georgia · 1942
- Flynn v. StateCourt of Appeals of Georgia · 1953
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