Kelly v. State
Supreme Court of Georgia
Misdemeanor, in Bibb Superior Court. Tried before Judge Powers, June Term, 1855.. This indictment was for keeping an open tippling house om the Sabbath day. One of the witnesses stated, that he could not say there-was spiritous liquor in the decanters, &c. in the shop, as he had never tasted any in that house. The Judge asked him if he could not say there were spirituous liquors in the Lanier Plouse bar.
Read the full summary
Misdemeanor, in Bibb Superior Court. Tried before Judge Powers, June Term, 1855.. This indictment was for keeping an open tippling house om the Sabbath day. One of the witnesses stated, that he could not say there-was spiritous liquor in the decanters, &c. in the shop, as he had never tasted any in that house. The Judge asked him if he could not say there were spirituous liquors in the Lanier Plouse bar. This question was objected to as irrelevant, and made a ground for a new trial. Another ground for a new trial was, that the Judge had. lectured a portion of the Jury for a verdict of…
1Opinion of the Court
*426 By the Court.
Lumpkin, J.
delivering the opinion.
We see no error in this record. Whether the house where-the liquor is charged to have been sold, was a tippling house, and whether the defendant kept it open on the Sabbath, are-questions of fact, which were submitted to the Jury and' passed upon by them. And we think there was sufficient ■ evidence upon both points to sustain the verdict.
[1.] What Judge Powers may have said to the Jury in another case, we do not think is properly the subject of review in this. No exception was taken to- the panel on that account.
[2.] As to the mode of striking…
2Cited by9 opinions
- Williams v. StateSupreme Court of Georgia · 1897
- Bass v. BassSupreme Court of Georgia · 1966
- Sharpton v. StateCourt of Appeals of Georgia · 1907
- Varnedoe v. StateSupreme Court of Georgia · 1886
- Cohen v. SafferCourt of Appeals of Georgia · 1931
4 more not listed; retrieve them via the Exa API.