Smith v. State
Supreme Court of Georgia
Accusation of selling liquor. Before Judge Littlejohn. Crisp superior court. September 26, 1906. The accused was arraigned in the county court for a violation of ' the general local option liquor law, and was • convicted. He carried the case by certiorari to the superior court, where the certiorari was overruled, and he excepted.
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Accusation of selling liquor. Before Judge Littlejohn. Crisp superior court. September 26, 1906. The accused was arraigned in the county court for a violation of ' the general local option liquor law, and was • convicted. He carried the case by certiorari to the superior court, where the certiorari was overruled, and he excepted. One witness for the State testified that the accused kept a store in Crisp county, and resided there; that he got him to order whisky at different times; that he got it from De Soto, he thinks. It was in what is known as Crisp county. Witness would leave money with…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) It appearing from the evidence that at least on some occasions the accused received the money, ordered the whisky, and thereafter himself delivered the whisky to the person for whom it was ordered, a prima facie case of guilt was established. See Billups v. State, 107 Ga. 766 and cit. The weight to be given the stateznent of the accused was entirely for the jury; and if they believed that the contention therein set up, that he acted as agent of the buyer and ordered the whisky over the telephone, was a mere subterfuge and pretense to cover an illegal sale…
2Cases cited5 opinions
- White v. StateSupreme Court of Georgia · 1894
- Dunn v. StateSupreme Court of Georgia · 1889
- Billups v. StateSupreme Court of Georgia · 1899
- Graves v. StateSupreme Court of Georgia · 1906
- Burden v. StateSupreme Court of Georgia · 1904