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Chapman v. State

Chapman v. State, 27 S.E. 789 (Ga. 1897)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
November 21, 1897
Citations
27 S.E. 789100 Ga. 3111897 Ga. LEXIS 47
Summary
Indictment for selling liquor. Before Judge Sweat. Appling superior court. September term, 1896.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Simmons, C. J.

l. A medicinal preparation capable of being used as a beverage, and which contains such a percentage of alcohol as that 'if drunk to excess iit will produce intoxication, is within the meaning of an act which prohibits 'the sale of “spirituous, malt or intoxicating liquors” without taking out a specified *312 license; and this is true even though the same may contain certain other 'constituents which, either separately or in 'conjunction with 'alcohol, possess useful medicinal properties.

Submitted January 6, Decided November 21, 1897. Indictment for selling liquor. Before Judge Sweat. Appling superior court. September term, 1896. E. D. Q-ralvam, for plaintiff in error. J. W. Bennett, solicitor-general, and Toomer & Reynolds, contra.

2. The sale 'of such a preparation without the prescribed license is unlawful, whether the vendor in making the s'ale intended that it should be used as a medicine or otherwise, and Without reference to the purpose for which it was ‘bought by the purchaser.

3. The verdict was supported hy the evidence, and no error of law was committed.

Judgment affirmed.

All the Justices concurring.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1900: 11909: 11919: 11929: 119002026peak 1900 · 1

Relies on it most ⓘ

  1. McLean v. People66 Colo. 486 (1919)
  2. Ware v. State65 S.E. 333 (Ga. Ct. App. 1909)
  3. Colwell v. State37 S.E. 129 (Ga. 1900)
  4. State v. Stell14 S.W.2d 515 (Mo. Ct. App. 1929)

Most recent

  1. State v. Stell14 S.W.2d 515 (Mo. Ct. App. 1929)
  2. McLean v. People66 Colo. 486 (1919)
  3. Ware v. State65 S.E. 333 (Ga. Ct. App. 1909)
  4. Colwell v. State37 S.E. 129 (Ga. 1900)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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