Sasser v. State

• Decision Date: 08 June 1896
• Citation: 25 S.E. 619,99 Ga. 54
• Parties: SASSER v. STATE.
• Court: Georgia Supreme Court

25 S.E. 619

99 Ga. 54

SASSER v. STATE.

Supreme Court of Georgia

June 8, 1896

Syllabus by the Court.

1. In so far as the act of September 5, 1879 (Acts 1878-79, p 381), "to prescribe the method of granting license to sell spirituous or intoxicating liquors in the county of Bulloch, and to increase the fee for the same to five thousand dollars," undertakes to make it a misdemeanor to "sell spirituous or intoxicating liquors of any kind" in that county without obtaining the license provided for by this act, it contains matter different from what is expressed in its title, and is to that extent unconstitutional.

2. It was error to refuse to quash, on demurrer, an indictment based upon this act, and charging the accused with selling "a certain quantity of intoxicating liquor."

Error from superior court, Bulloch county; R. L. Gamble, Judge.

S. S Sasser was convicted of selling intoxicating liquors without a license, and brings error. Reversed.

Cason & Everitt and Hines & Hale, for plaintiff in error.

B. D Evans, Jr., Sol. Gen., for the State.

LUMPKIN J.

The plaintiff in error was convicted in the county court of Bulloch county upon an indictment transferred to that court from the superior court, charging him with the offense of selling intoxicating liquors without a license. He carried the case by certiorari to the superior court; alleging, among other things, that the county judge erred in overruling a demurrer to the indictment. It distinctly appears from the record that the accused was prosecuted under the special act for Bulloch county, which is referred to in the first headnote; and one of the grounds of demurrer was that this act was unconstitutional, for the reason that it contains matter different from what is expressed in its title, and consequently, that no prosecution could be based upon it. We therefore find it unnecessary to deal with any question in this case, except the one raised with reference to the constitutionality of this special act. This question, in our opinion, is entirely free from difficulty. As has been seen, the title of the act contains nothing in the slightest degree indicating a purpose to make penal any sale of spirituous or intoxicating liquors, or to prescribe the punishment therefor. In so far, therefore, as this act undertakes to make it a misdemeanor to sell such liquors in the county of Bulloch, it manifestly contains matter to which no reference...