Legal Opinion

Redding v. State

Supreme Court of Georgia

Decided November 9, 1892PublishedCited by 6 opinions

Before Judge Boynton. Monroe superior court. August term, 1892. Indictment alleging that the defendant, on March 15, 1890, in Monroe county, “ did sell a quantity of spirituous and intoxicating liquor, the same not being furnished as a medicine to a patient under’treatment by him, nor domestic wine raised by him,” etc. To this-indictment defendant demurred; the demurrer was overruled, and he excepted.

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Before Judge Boynton. Monroe superior court. August term, 1892. Indictment alleging that the defendant, on March 15, 1890, in Monroe county, “ did sell a quantity of spirituous and intoxicating liquor, the same not being furnished as a medicine to a patient under’treatment by him, nor domestic wine raised by him,” etc. To this-indictment defendant demurred; the demurrer was overruled, and he excepted. The demurrer was like that in the Bell case, ante, setting forth, beside the constitutional points, that the indictment fails to allege to whom the liquor was sold, whether to a known or unknown…

1Opinion of the Court

Bleckley, Chief Justice.

1. The constitutional questions raised by demurrer to the indictment are ruled by the decision in Bell v. The State, this term. The act on which the indictment is based is not unconstitutional for either of the causes-specified in the demurrer. Other questions on the indictment are ruled in principle by Carter v. The State, 68 Ga. 826, Hill v. Mayor of Dalton, 72 Ga. 314, and Williams v. The State, 89 Ga. 483, 16 S. E. Rep. 552. The indictment was not insufficient by reason of any of the deficiencies imputed to it.

2. The accused sought to protect himself under the…

2Cases cited3 opinions

  1. Hill v. Mayor of DaltonSupreme Court of Georgia · 1884
  2. Williams v. StateSupreme Court of Georgia · 1892
  3. Carter v. StateSupreme Court of Georgia · 1882

3Cited by6 opinions

  1. Newman v. StateSupreme Court of Georgia · 1897
  2. Hancock v. StateSupreme Court of Georgia · 1901
  3. Bradley v. StateSupreme Court of Georgia · 1904
  4. Tinsley v. StateSupreme Court of Georgia · 1900
  5. Moreno v. StateCourt of Criminal Appeals of Texas · 1911

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