Sconyers v. State

• Decision Date: 13 October 1909
• Docket Number: 2,149.
• Citation: 65 S.E. 814,6 Ga.App. 804
• Parties: SCONYERS v. STATE.
• Court: Georgia Court of Appeals

65 S.E. 814

6 Ga.App. 804

SCONYERS v. STATE.

No. 2,149.

Court of Appeals of Georgia

October 13, 1909

Syllabus by the Court.

The exceptions to the rulings upon the demurrers which were filed were not properly preserved pendente lite, and could not be considered when offered as ground of the motion for new trial. Mayor v. Dudley, 2 Ga.App. 762, 59 S.E. 84.

The evidence, as well as the defendant's statement, absolutely demanded the verdict finding that the defendant sold drugs without license, and hence the errors assigned are immaterial.

One may own a drug store without being a licensed druggist or pharmacist, provided that the drugs and medicines he offers for sale are sold or compounded, as the case may be, either by one who has himself been licensed according to law or by an assistant under the supervision of a licensed druggist. But, even though the manager of a drug store or pharmacy be licensed, this fact will not authorize sales of drugs or the compounding of prescriptions by his partner or employé, where such licensed manager is not in actual personal charge of the business.

Error from City Court of Reidsville; C. L. Morgan, Judge.

J. M. Sconyers was convicted of selling drugs without a license, and he brings error. Affirmed.

Warnell & Anderson and A. S. Way, for plaintiff in error.

H. H. Elders, Sol., for the State.

RUSSELL, J.

Judgment affirmed.