Georgia Court of Appeals, 1910

Smith v. State

Smith v. State
Georgia Court of Appeals · Decided November 29, 1910 · Powell
8 Ga. App. 472; 69 S.E. 590; 1910 Ga. App. LEXIS 227

Smith v. State

Opinion of the Court

Powell, J.-

1. In a prosecution under the Penal Code of 1895, § 438, for carrying liquor to a church, an-instruction to the jury to the effect that if the defendant carried the liquor to a place “in such immediate proximity to the church mentioned in the indictment as to make it readily *473accessible to such persons as bad assembled there and who desired to use the same,” it would be a violation of the law, was not erroneous. Bice v. State, 109 Ga. 117 (34 S. E. 202).

Decided November 29, 1910.Indictment for carrying liquor to church; from Terrell superior court — Judge Worrill. September 17, 1910.James G. Paries, for plaintiff in error. J. A. Laing, solicitor-general, B. B. Arnold, contra.

2. The charge as a whole was fair and not subject to the exceptions taken. The evidence authorized the conviction. Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.