Burk v. State

This was a presentment for selling intoxicating beverages within four miles of an incorporated institution of learning. The selling was admitted. The defense was, that it occurred in the town of Athens, and that said town was incorporated. The statute making it unlawful to sell intoxicating beverages within four miles of an incorporated institution of learning, makes an exception as to sales made within the limits of an incorporated town or city. The question was, whether the town of Athens was incorporated at the date of the sale. The agreed facts show that the town was organized into a…