Edwards v. State

• Decision Date: 17 December 1920
• Docket Number: 2282.
• Parties: EDWARDS v. STATE.
• Court: Georgia Supreme Court

105 S.E. 363

150 Ga. 754

EDWARDS v. STATE.

No. 2282.

Supreme Court of Georgia

December 17, 1920

Error from City Court of Hall County; A. C. Wheeler, Judge.

Criminal prosecution by the State against Cleve Edwards. A demurrer was overruled, and defendant brings error. Affirmed.

C. N. Davie, of Gainesville, for plaintiff in error.

E. D. Kenyon, Sol., of Gainesville, for the State.

GEORGE, J.

1. Neither the Eighteenth Amendment to the Constitution of the United States, nor the National Prohibition Act (41 Stat. 305), generally referred to as the Volstead Act, designed to carry that provision of the Constitution into effect, had the effect of superseding or in any wise changing the state statute (Acts Ex. Sess. 1917, p. 7), declaring it to be a misdemeanor for one to have in his possession, custody, or control intoxicating liquors in this state. See Jones v. Hicks, decided by this court November 10, 1920 (104 S.E. 711).

(b) Accordingly it was not erroneous to overrule a demurrer to the accusation charging the accused with having, possessing, and controlling intoxicating liquors in this state, in violation of the state statute, upon the ground that the Eighteenth Amendment to the Constitution of the United States and the National Prohibition Act had superseded and abrogated the state statute.

Judgment affirmed.

All the Justices concur.