Loeb v. State
Court of Appeals of Georgia
Petition for certiorari, from Morgan superior court — Judge Lewis. January 7, 1909. Loeb was indicted by the grand jury of Morgan county for a violation of the local-option liquor law which was in effect in that county in the year 1906. The case was transferred to the county court for trial,' and was heard before lion. Samuel H. Sibley, judge of the county court of Greene county, presiding on account of the disqualification of the local judge.
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Petition for certiorari, from Morgan superior court — Judge Lewis. January 7, 1909. Loeb was indicted by the grand jury of Morgan county for a violation of the local-option liquor law which was in effect in that county in the year 1906. The case was transferred to the county court for trial,' and was heard before lion. Samuel H. Sibley, judge of the county court of Greene county, presiding on account of the disqualification of the local judge. The indictment charged that the defendant “did sell and barter, for valuable consideration, alcoholic, spirituous, malt, and intoxicating liquors and…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
When the negro, Martin Wyatt, was about to testify for the State' that the defendant had employed him to sell whisky, beer, etc., and that he, in pursuance of this arrangement, had sold the liquors for the defendant, the defendant’s counsel objected to the testimony,, on the ground that the indictment alleged that the defendant himself sold the liquors personally, and did not allege that he sold them by an agent or employee, — that to prove a sale through an agent, or employee would show a fatal variance from the manner in which the offense is charged in…
2Cases cited11 opinions
- People v. DoleCalifornia Supreme Court · 1898
- Raiford v. StateSupreme Court of Alabama · 1877
- Kinnebrew v. StateSupreme Court of Georgia · 1887
- Rooney v. City CouncilSupreme Court of Georgia · 1903
- Hately v. StateSupreme Court of Georgia · 1854
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3Cited by41 opinions
- Daniels v. StateCourt of Appeals of Georgia · 1938
- Chambers v. StateSupreme Court of Georgia · 1942
- Hewitt v. StateCourt of Appeals of Georgia · 1972
- Fitzgerald v. StateCourt of Appeals of Georgia · 1950
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Court of Appeals of Georgia · 1914
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