Duncan v. State
Supreme Court of Georgia
• The Court of Appeals certified the following question (in Cases Nos. 9894, 9895): “In a proceeding by the State of Georgia under the provisions of section 20 of the act approved March 28, 1917 (Ga.
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• The Court of Appeals certified the following question (in Cases Nos. 9894, 9895): “In a proceeding by the State of Georgia under the provisions of section 20 of the act approved March 28, 1917 (Ga. Laws, Ex. .Sess. 1917, pp. 16-17), for the condemnation, forfeiture, and sale of a vehicle (in this case an automobile) used in the illegal transporting of intoxicating liquor in this State, is the indictment and a verdict of acquittal of the purported owner of the vehicle, in a prosecution growing out of the identical transaction for which the vehicle was seized and was being subjected to sale,…
1Opinion of the CourtAtkinson, J.
If a person in this State carry from one place to another any spirituous liquors, he violates the provisions of section 1 of the act of 1917 (Ga. Laws, Ex. Sess. 1917, p. 7), for which under section 16 he is punishable as for a misdemeanor, as provided in the Penal Code, § 1065; and if he carries such liquors in a vehicle of any kind on any of the public roads or private ways of this State, he also incurs the penalty of forfeiture of his vehicle under condemnation proceedings, as provided in section 20 of the same act. He may thus be subjected to two penalties instituted by the State, founded…
2Cases cited10 opinions
- The PalmyraSupreme Court of the United States · 1827
- Coffey v. United StatesSupreme Court of the United States · 1886
- Stone v. United StatesSupreme Court of the United States · 1897
- Gelston v. HoytSupreme Court of the United States · 1818
- United States v. ReganSupreme Court of the United States · 1914
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Webb v. McDanielSupreme Court of Georgia · 1962
- House v. BentonCourt of Appeals of Georgia · 1930
- Harwood v. StateCourt of Appeals of Georgia · 1923
- Mathis v. StateCourt of Appeals of Texas · 1953
- Grant v. State of GeorgiaCourt of Appeals of Georgia · 1946
4 more not listed; retrieve them via the Exa API.