Edwards v. State
| Decision Date | 09 November 1905 |
| Citation | 52 S.E. 319,124 Ga. 100 |
| Parties | EDWARDS. v. STATE. |
| Court | Georgia Supreme Court |
Under Pen. Code, § 431. if a person sells, without the license and taking the oath prescribed by law, any of the liquors therein named, he is guilty of a misdemeanor; and it is not necessary for the state to allege or prove that such named liquors are intoxicating.
[Ed. Note.—For cases in point, see vol. 29, Cent. Dig. Intoxicating Liquors, §§ 233, 265.]
Where, if the defendant was guilty of selling liquor without a license, under the evidence it was either whisky or brandy, it was not necessary to prove that whisky or brandy was intoxicating. Evidence of the taste and effect of drinking the liquor purchased could be considered in determining what it was; but, if in fact it was whisky or brandy, the defendant would not be acquitted because the state failed to prove beyond a reasonable doubt that it was intoxicating. Snider v. State; 7 S. E. 631, 81 Ga. 573, 12 Am. St. Rep. 350.
(Syllabus by the Court.)
Error from City Court of Jonesboro; E. M. Blablock, Judge.
Will Edwards was convicted of selling liquor without a license, and brings error. Affirmed.
J. W. Wise, for plaintiff in error.
Jno. B. Hutcheson, for the State.
LUMPKIN, J. Judgment affirmed. All the Justices concurring.
To continue reading
Request your trial
-
Hillman v. State, 29432.
...of the fact that whisky is distilled spirits or alcohol. Snider v. State, 81 Ga. 753, 756, 7 S.E. 631, 12 Am.St.Rep. 350; Edwards v. State, 124 Ga. 100, 52 S.E. 319. See, also, Beasley v. State, 66 Ga.App. 109, 17 S.E.2d 205. The evidence authorized the verdict and the judge did not err in ......
-
Beasley v. State
...to allege the strength of the whisky and did not allege that it was intoxicating, which is a necessary allegation. In Edwards v. State, 124 Ga. 100, 52 S.E. 319, the Supreme Court held that under the Penal Code of 1895, § 431, if a person, without procuring the license and taking the oath p......
-
Hillman v. State
... ... possession of any "distilled spirits or alcohol," ... is not meritorious. The court will take judicial cognizance ... of the fact that whisky is distilled spirits or alcohol ... Snider v. State, 81 Ga. 753, 756, 7 S.E. 631, 12 ... Am.St.Rep. 350; Edwards v. State, 124 Ga. 100, 52 ... S.E. 319. See, also, Beasley v. State, 66 Ga.App ... 109, 17 S.E.2d 205. The evidence authorized the verdict and ... the judge did not err in overruling the motion for new trial ... Judgment ... ...