Legal Opinion

August v. State

Court of Appeals of Georgia

Decided November 12, 1912No. 4401PublishedCited by 10 opinions

Indictment for burglary; from Chatham superior court — Judge Charlton. August 28, 1912.

1Opinion of the CourtPottle, J.

1. “Intoxicating liquor may be the subject-matter of larceny, though it is not the subject-matter of lawful sale.” Mance v. State, 5 Ga. App. 229 (62 S. E. 1053).

2. Even if a place where intoxicating liquors are exclusively sold can not, under the existing law of this State, be a place of business, within the meaning of § 146 of the Penal Code of 1910, defining the offense of burglary, yet where it appears that articles which were the lawful subject-matter of sale were kept in the place of' business in connection with intoxicating liquors, for- the purpose of sale, a conviction of burglary is…

2Cases cited1 opinion

  1. Mance v. StateCourt of Appeals of Georgia · 1908

3Cited by10 opinions

  1. Holliday v. StateCourt of Appeals of Georgia · 1919
  2. Smith v. StateIndiana Supreme Court · 1918
  3. Arner v. StateCourt of Criminal Appeals of Oklahoma · 1921
  4. People v. OdenwaldCalifornia Court of Appeal · 1930
  5. Taylor v. StateCourt of Appeals of Georgia · 1968

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API