Dickens v. State
Supreme Court of Georgia
Misdemeanor, in Hancock Superior Court. Tried before Judge Thomas, at December Adjourned Term, 1859. The plaintiff in error was indicted for selling whisky in a quantity less than one gallon, without taking the oath required by law. On the trial, 'William Tyas testified : That defendant sold him a quart of whisky; he wanted to buy a less quantity, but she said she could not sell a less quantity, because it was against the law.
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Misdemeanor, in Hancock Superior Court. Tried before Judge Thomas, at December Adjourned Term, 1859. The plaintiff in error was indicted for selling whisky in a quantity less than one gallon, without taking the oath required by law. On the trial, 'William Tyas testified : That defendant sold him a quart of whisky; he wanted to buy a less quantity, but she said she could not sell a less quantity, because it was against the law. Defendant introduced no testimony, but her counsel insisted befpre the jury that if they believe that she did not intend to violate the law, they might acquit. Upon the…
1Opinion of the Court
By the Court.
Lyon, J.,
delivering the opinion.
The plaintiff in error, without license to retail, and without taking the affidavit required by the Act of 29th December, 1839, (Cobb, 1039,) “not to sell or furnish spii’ituous . liquors to slaves, without an order,” etc., sold a quart of whisky, for which she was prosecuted and couvicted.
Under the law, as it existed previously to the Act of 1838, pei’sons could sell liquor in quantities of a quart and over without license. But that Act, for the purpose of suppressing the traffic in liquor with slaves, introduced this change in the old law : “…
2Cited by1 opinion
- Levar v. StateSupreme Court of Georgia · 1897