Mitchell v. State

• Decision Date: 13 September 1917
• Docket Number: 7933.
• Citation: 93 S.E. 709,20 Ga.App. 778
• Parties: MITCHELL v. STATE.
• Court: Georgia Court of Appeals

93 S.E. 709

20 Ga.App. 778

MITCHELL v. STATE.

No. 7933.

Court of Appeals of Georgia, First Division

September 13, 1917

Syllabus by the Court.

The act of 1915 (Acts 1915, Extraordinary Session, p. 99, § 16) made it a penal offense, punishable as a misdemeanor, for any person to receive, accept delivery of, possess, or have in possession at one time, or within any period of 30 consecutive days, whether in one or more places or whether in original packages or otherwise, more than two quarts of spirituous liquors or other intoxicating or prohibited liquors.

"A crime or misdemeanor shall consist in a violation of a public law, in the commission of which there shall be a union or joint operation of act and intention, or criminal negligence." Penal Code 1910, § 31. Criminal intention is a necessary element in the commission of any of the offenses made penal by the prohibition act of 1915; but criminal intent in such connection is simply the intention to do the act which the Legislature has prohibited.

The evidence demanded a verdict of guilty, and the exception to the charge of the court is without merit.

Error from City Court of Thomasville; W. H. Hammond, Judge.

Bob Mitchell was convicted of a violation of the liquor law, and he brings error. Affirmed.

W. J Hammond, Titus, Dekle & Hopkins, and C. E. Hay, all of Thomasville, for plaintiff in error.

H. J MacIntyre, Sol., of Thomasville, for the State.

GEORGE J.

Bob Mitchell was tried and convicted on an accusation which charged that he did, in Thomas county, on the 2d day of September, 1916, unlawfully receive and accept delivery of and possess and have in his possession at one time and in a period of 30 consecutive days, more than two quarts of whisky. The accused at first denied that the whisky was in his possession, but later admitted that he had in his possession, on the date alleged in the indictment, more than two quarts of whisky. The whisky in his possession in fact consisted of about 48 half pints. He contended that under an agreement with J. C. Tyrus, who sometimes acted as a deputy sheriff, he brought the whisky from the state of Florida into the county, for the purpose of delivering it to residents of the county who were engaged in violating the prohibition law and then reporting to Tyrus the names of those to whom he had delivered it, in order that they might be arrested. Tyrus was sworn as a witness, and testified that he had been acting as special deputy sheriff for several months. He had been sworn in as such deputy sheriff, but had given no bond. On September 2d, the accused reported to Tyrus that several negroes had requested him (the accused) to get them more than the amount of whisky allowed by law. Tyrus told the accused to go after this whisky for the people who wanted him to get it, and deliver it to them as soon as he got back, and then to report to the witness. The accused had not succeeded in making a delivery of the whisky before he was arrested and lodged in jail. It was the intention of the witness to arrest those to whom the accused delivered the whisky after he had delivered it and had furnished the necessary information to the witness. The witness further testified that he had not notified the sheriff concerning his purpose, but intended to do so. The sheriff disclaimed any knowledge of the scheme, but admitted that Tyrus had acted on several occasions...