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Colwell v. State

Colwell v. State, 37 S.E. 129 (Ga. 1900)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
October 30, 1900
Judges
Cobb
Citations
37 S.E. 129112 Ga. 751900 Ga. LEXIS 36
Summary
Accusation of selling liquor without license. Before Judge Parker. City court of Baxley. July 5, 1900.

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

Opinion of the Court — Cobb

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

Cobb, J.

1. The sale, without taking out the prescribed license, of a medicinal preparation capable of being used as a beverage, and which contains such a percentage of alcohol as that, if drunk to excess, it will produce intoxication, is unlawful, within the meaning of a statute prohibiting the sale without a-license of “ spirituous, malt, or any intoxicating liquors or bitters,” whether the vendor in making the sale 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. Chapman v. State, 100 Ga. 311 .

2. The overruling of a demurrer to an indictment is not a proper ground of a, motion for a new trial.

3. The charges complained of were not erroneous for any of the reasons assigned. The evidence authorized the verdict, and there was no error in refusing to-grant a new trial.

Judgment affirmed.

All the Justices concurring, except Lumpkin, P. J., and Little, J., absent.

How later courts describe this case

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

1907: 11909: 11977: 119072026peak 1907 · 1

Relies on it most ⓘ

  1. Ware v. State65 S.E. 333 (Ga. Ct. App. 1909)
  2. Redwing Carriers, Inc. v. Knight239 S.E.2d 686 (Ga. Ct. App. 1977)
  3. Mason v. State58 S.E. 139 (Ga. Ct. App. 1907)

Most recent

  1. Redwing Carriers, Inc. v. Knight239 S.E.2d 686 (Ga. Ct. App. 1977)
  2. Ware v. State65 S.E. 333 (Ga. Ct. App. 1909)
  3. Mason v. State58 S.E. 139 (Ga. Ct. App. 1907)

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 1

DepthCaseCited by
Chapman v. State, 27 S.E. 789 (Ga. 1897) 4

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