Graham v. State
| Decision Date | 15 September 1920 |
| Docket Number | (No. 1725.) |
| Citation | 150 Ga. 411,104 S.E. 248 |
| Parties | GRAHAM. v. STATE. |
| Court | Georgia Supreme Court |
(Syllabus by the Court.)
Certified Questions from Court of Appeals.
J. A. Graham, Jr., was convicted of unlawfully controlling and possessing intoxicating liquors, and he brings error, and the Court of Appeals certified questions. First question answered in the negative.
Padgett & Watson, of Baxley, for plaintiff in error.
Alvin V. Sellers, Sol. Gen., of Baxley, for the State.
GEORGE, J. The Court of Appeals has certified to this court the following question:
"Upon the trial of one charged with having, controlling, and possessing intoxicating liquors, is testimony showing that he was seen in an intoxicated or partially intoxicated condition, and that such condition was caused by the drinking of intoxicating liquors, sufficient to authorize the jury to find that the defendant possessed and controlled such liquors, either at the time he was observed to be under their influence or shortly prior thereto?"
By the first section of the act of the General Assembly approved March 28, 1917 (Acts Ex. Sess. 1917, p. S), it is declared to be unlawful "for any common carrier, corporation, firm or individual to transport, ship or carry, by any means whatsoever, with or without hire, or cause the same to be done, from any point without this state to any point within this state, or from place to place within this state, whether intended for personal use or otherwise, any spirituous, vinous, malted, fermented or intoxicating liquors, or any of the prohibited liquors or beverages, as are defined in the act approved November 17, 1915." It is further declared to be unlawful "for any corporation, firm, person or individual to receive from any common carrier, corporation, firm, person or individual, or to have, control or possess, in this state, any of said enumerated liquors or beverages whether intended for personal use or otherwise, " save as provided in the subsequent sections of the act. The subsequent sections permit the use of pure alcohol for medicinal purposes as prescribed in section 426 et seq. of the Penal Code of 1910; said alcohol, however, "to be shipped, received, and possessed only as is provided" in the act. The act further prohibits the social serving of any of the prohibited liquors or beverages in private residences or social intercourse, and makes unlawful the manufacture within this state of any of the prohibited liquors or beverages. By the eighteenth section of the act, the act approved November 18, 1915, and known as the Nonshipping Law, found on page 90 et seq. of Acts Ex. Sess. 1915, and the act approved August 19, 1916, found on page 72 et seq. of the Acts of the General Assembly of 1916, regulating the Importation of alcohol, are expressly repealed.
It Is declared to be unlawful to drink whisky in this state at churches or other places of divine worship, where people assemble for the purpose of engaging in such religious service. Penal Code of 1910, § 440. By ...
To continue reading
Request your trial
-
Tant v. State, s. 45846
...charge to the jury that the State had failed to prove possession of the drug have been a proper one. The ruling in Graham v. State, 150 Ga. 411, 104 S.E. 248 that the proof of drunkenness is not proof of guilty possession of alcoholic beverages when it was no crime to consume such beverages......