Legal Opinion

Clark v. State

Court of Appeals of Georgia

Decided April 14, 1920No. 11229PublishedCited by 2 opinions

Indictment for manufacture of liquor; fi court — Judge Sheppard. November 28, 1911 An. indictment returned on July 10, 1919, charged that on the 7th day of June, 1919, the accused “did unlawfully distill, manufacture, and make alcoholic, spirituous, vinous, malt, and mixed liquors and whiskeys, which, if drunk to excess, would produce intoxication.” The accused was tried July 15, 1919. The sheriff testified: “ I know the defendant, Charlie Clark.

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Indictment for manufacture of liquor; fi court — Judge Sheppard. November 28, 1911 An. indictment returned on July 10, 1919, charged that on the 7th day of June, 1919, the accused “did unlawfully distill, manufacture, and make alcoholic, spirituous, vinous, malt, and mixed liquors and whiskeys, which, if drunk to excess, would produce intoxication.” The accused was tried July 15, 1919. The sheriff testified: “ I know the defendant, Charlie Clark. I recently arrested him at his home in Tattnall county. It was on Sunday I arrested him, in the afternoon. I saw a still right there on the place.…

1Opinion of the CourtBloodworth, J.

(After stating the foregoing faetSi)

1. “Ordinarily, when a month is referred to, it will be understood to be of the current year, unless from the connection it *239appear that another is intended.” Tipton v. State, 119. Ga. 304 (2) (46 S. E. 436). See also Plair v. State, 23 Ga. App. 574 (99 S. E. 61), and cit.

3. All the evidence showing that the offense was committed some time during the year 1919 and prior to the finding of the indictment, it was not error harmful to the accused for the judge to charge the jury that they would be authorized *to convict the defendant if they found that the…

2Cases cited2 opinions

  1. Tipton v. StateSupreme Court of Georgia · 1904
  2. Plair v. StateCourt of Appeals of Georgia · 1919

3Cited by2 opinions

  1. State v. HathorneSupreme Judicial Court of Maine · 1978
  2. Johnson v. Board of SupervisorsSupreme Court of Iowa · 1931

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