Tucker v. City of Moultrie

• Decision Date: 02 March 1905
• Citation: 50 S.E. 61,122 Ga. 160
• Parties: TUCKER v. CITY OF MOULTRIE.
• Court: Georgia Supreme Court

50 S.E. 61

122 Ga. 160

TUCKER v. CITY OF MOULTRIE.

Supreme Court of Georgia

March 2, 1905

Syllabus by the Court.

1. A municipal corporation has authority, under the general welfare clause in its charter, to pass an ordinance prohibiting the keeping of intoxicating liquors for the purpose of unlawful sale. Cunningham v. Griffin, 33 S.E. 664, 107 Ga. 690 (2); Reese v. Newnan, 47 S.E. 560, 120 Ga. 198.

2. A conviction under such an ordinance on one day is no bar to a conviction for keeping the same liquors for that purpose on a subsequent day.

3. One living in a "dry town," who has at his home "cased whisky" and "37 pints of liquor in his trunk," and receives by railroad whisky by the case, billed "Mineral Water," some of whose visitors act "a little strange," others depart with wrapped packages, and still others, immediately upon leaving, retire to secluded places and drink whisky from a flask, has no just cause of complaint when the judge of a police court reaches the conclusion that he is keeping liquor for the purpose of unlawful sale, notwithstanding his statement that the liquors were kept exclusively for his own use.

4. The bond required by the act of 1902 (Acts 1902, p. 105) in cases where application is made for a writ of certiorari to a police court is merely an appearance bond; and, upon the judgment of such court being affirmed on certiorari, it is not lawful to enter a judgment against the sureties on such bond for the amount of the fine imposed in the police court.

5. The evidence warranted the judgment of conviction, and the judge of the superior court did not err in overruling the certiorari. But it was erroneous to enter judgment for the amount of the fine imposed in the mayor's court against the sureties on the certiorari bond, and direction is given that that portion of the judgment be stricken.

Error from Superior Court, Colquitt County; R. G. Mitchell, Judge.

E. W. Tucker was convicted of violating an ordinance of the city of Moultrie, and brings error. Affirmed, with direction.

J. A. Wilkes, for plaintiff in error.

J. D. McKenzie and L. L. Moore, for defendant in error.

PER CURIAM.

Judgment affirmed, with direction. All the Justices concur.