Legal Opinion

Gallagher v. State

Court of Appeals of Georgia

Decided June 13, 1917No. 7822Published

Accusation of sale of liquor, etc.; from- city court of Richmond county—Judge Black. September 2, 1916.

1Opinion of the CourtLuke, J.

1. On the trial of one charged with selling intoxicating liquor and with having in his possession spirituous liquors in receptacles holding less than a quart, it was not error for the court to instruct the jury as follows: “I further charge you that if you find, from the evi-

dence, that the defendant had whisky in bottles or receptacles less than , a quart, then that is a violation of the law, and that raises the pre*157sumption that the defendant had the liquor for the purpose of illegal sale.” See answer of the Supreme Court (146 Ga. 807) to certified questions in the instant case. See also…

2Cases cited2 opinions

  1. Bowen v. StateCourt of Appeals of Georgia · 1917
  2. Gallagher v. StateSupreme Court of Georgia · 1917

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