Grantham v. State
| Decision Date | 26 March 1892 |
| Citation | 89 Ga. 121,14 S.E. 892 |
| Parties | Grantham v. State. |
| Court | Georgia Supreme Court |
Unlawful Sale of Intoxicating Liquors — Indictment—Local Option—When in Force.
1. The general local option act of September 18, 1885, applies to all counties, except those "where by law the sale of spirituous liquors is already prohibited, either by high license, local option, or other legislation, so long as these local laws remain of force." Acts 1884-85, p. 123. Local acts previously existing in Pulaski county, which provided that license might be granted upon the written consent of two-thirds of the freeholders or actual land-owners living within three miles of the place of sale, and upon complying with certain other requirements, merely regulated, but did not prohibit. Acts 1875, p. 830; Acts 1877, p. 389. Consequently that county was not excluded from the provisions of the general act.
2. An indictment which charges disjunctively that the accused sold a quantity of "spirituous, malt, or intoxicating liquor, " is bad on special demurrer. The cases of Johnson v. State, 8 Ga. 453, and Hinton v. State, 68 Ga. 322, are no authority to the contrary, the precise question not being made and determined in either of these cases. See Sanders v. State, 12 S. B. Rep. 1058, 86 Ga. 717.
(Syllabus by the Court.)
Error from superior court, Pulaski county; D. M. Robekts, Judge.
Indictment against A. P. Grantham for the illegal sale of intoxicating liquor. From a judgment overruling his demurrer to the indictment, he brings error. Reversed.
The following is the official report: The indictment was in Pulaski county, and it charged A. P. Grantham "with the offense of misdemeanor, for that said A. P. Grantham, on the first day of May, 1890, in the county aforesaid, did, * * * for a valuable consideration, directly sell a quantity of spirituous, malt, or intoxicating liquor, " etc. To the overruling of his demurrer, the defendant excepted. The grounds of demurrer were: (1) The indictment is under the general local option law of September 18, 1885, which law is not and could not be operative and of force in Pulaski county at the time of the alleged offense, for that, at the time of the election in that county under the general local option law, said county had a law whereby the sale of spirituous liquors was already prohibited, either by high license, local option, or other legislation, to-wit, the acts of March 5, 1875, and of February 24, 1877, which local laws were then and are now...
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Hubbard v. State
...offense as having been committed in one of several ways, in the alternative, it would have been more open to objection. Grantham v. State, 89 Ga. 121, 14 S. E. 892; Eaves v. State, supra; Henderson v. State, 113 Ga. 1148, 39 S. E. 446. This ruling in no way conflicts with the decisions in L......
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Hubbard v. State
... ... 622; ... Brand v. State, 112 Ga. 26, 37 S.E. 174; 1 Bish. New ... Cr. Pro. § 436; Bish. Stat. Cr. (3d Ed.) § 244. Had the ... indictment charged the offense as having been committed in ... one of several ways, in the alternative, it would have been ... more open to objection. Grantham v. State, 89 Ga ... 121, 14 S.E. 892; Eaves v. State, supra; Henderson v ... State, 113 Ga. 1148, 39 S.E. 446. This ruling in no way ... conflicts with the decisions in Langston v. State, ... 109 Ga. 153, 35 S.E. 166, 779, and Long v. State, 12 ... Ga. 293. In so far as the remark in Woody ... ...
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Haley v. State
...it as having been committed in one method or the other, in the alternative. Sanders v. State, 86 Ga. 717, 12 S. E. 1058; Grantham v. State, 89 Ga. 121, 14 S. E. 892; Langston v. State, 109 Ga. 153, 35 S. E. 166, 779; Henderson v. State, 113 Ga. 1148, 39 S. E. 446. Wharton's Crim. Pl. & Pr. ......
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Haley v. State
...it as having been committed in one method or the other, in the alternative. Sanders v. State, 86 Ga. 717, 12 S.E. 1058; Grantham v. State, 89 Ga. 121, 14 S.E. 892; Langston v. State, 109 Ga. 153, 35 S.E. 166, Henderson v. State, 113 Ga. 1148, 39 S.E. 446. Wharton's Crim. Pl. & Pr. § § 161-1......