Johnson v. State

• Court: Georgia Court of Appeals
• Writing for the Court: POTTLE, J.
• Citation: Johnson v. State, 79 S.E. 179, 13 Ga. App. 371 (Ga. App. 1913)
• Decision Date: 30 August 1913
• Docket Number: 5,025.
• Parties: JOHNSON v. STATE.

79 S.E. 179

13 Ga.App. 371

JOHNSON v. STATE.

No. 5,025.

Court of Appeals of Georgia

August 30, 1913

Syllabus by the Court.

This case falls within the well-settled rule that on a trial for selling intoxicating liquor a prima facie case is made out for the state by proof of a delivery of the whisky by the accused and payment to him of money or other thing of value by the purchaser. If the accused defends upon the ground that he was acting solely as agent for the purchaser, the burden is upon the accused to show that he was not interested in the sale, received no benefit therefrom, and acted solely as agent for the buyer. McGovern v. State, 11 Ga.App 267, 74 S.E. 1101. In the present case the accused did not carry this burden; nor was there any evidence which authorized an instruction upon this theory. None of the assignments of error are meritorious.

Error from City Court of Baxley; A. V. Sellers, Judge.

Will Johnson was convicted of selling intoxicating liquors, and brings error. Affirmed.

W. W....