Moss v. State
Court of Appeals of Georgia
Indictment for misdemeanor, from Bartow superior court— Judge Fite. January 18, 1909. The indictment charged D. P. Moss with being guilty of an attempt to sell spirituous and intoxicating liquor, by having in his possession, custody, and control four barrels of whisky, which he was hauling in a wagon, for the purpose of illegal sale, from Cass Station in Bartow county to a “blind tiger,” a place called Poplar Pit, in Cherokee county, ❖here the whisky was to be illegally sold…
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Indictment for misdemeanor, from Bartow superior court— Judge Fite. January 18, 1909. The indictment charged D. P. Moss with being guilty of an attempt to sell spirituous and intoxicating liquor, by having in his possession, custody, and control four barrels of whisky, which he was hauling in a wagon, for the purpose of illegal sale, from Cass Station in Bartow county to a “blind tiger,” a place called Poplar Pit, in Cherokee county, ❖here the whisky was to be illegally sold by H. P. Henry, who was in charge of and running the “blind tiger,” and who had hired Moss to haul the whisky for the…
1Opinion of the Court
"Russell, J.
The court erred in overruling the demurrer to the indictment. “Mere preparatory acts for the commission of a crime, and not proximately leading to its consummation, do not constitute an attempt to commit the crime.”' The present case is controlled hy the ruling of the Su*525preme Court in Groves v. State, 116 Ga. 516 (42 S. E. 755, 59 L. R. A. 598). Judgment reversed.
Indictment for misdemeanor, from Bartow superior court— Judge Fite. January 18, 1909. Argued March 9,- — Decided July 31, 1909. The indictment charged D. P. Moss with being guilty of an attempt to sell spirituous and…
2Cases cited1 opinion
- Groves v. StateSupreme Court of Georgia · 1902
3Cited by4 opinions
- Leverett v. StateCourt of Appeals of Georgia · 1917
- Wilburn v. StateCourt of Appeals of Georgia · 1918
- Foster v. StateCourt of Appeals of Georgia · 1927
- Killabrew v. StateCourt of Appeals of Georgia · 1924