Cone v. State

Bell, Justice.

We preface this opinion by calling attention to the settled rule that this court will not pass upon the constitutionality of an act of the legislature, unless it is necessary to a proper decision of the case. McGill T. Osborne, 131 Ga. 541 (2) (62 S. E. 811); Carter v. Dominey, 157 Ga. 167 (121 S. E. 236); Mystyle Hosiery Shops Inc. v. Harrison, 171 Ga. 430 (3) (155 S. E. 765). The grounds of demurrer, except the ninth and last, presented the contentions that all of the prohibition laws previously of force in this State were repealed by the alcoholic beverage-control act of…