Raoul v. City of Atlanta
Raoul v. City of Atlanta
Opinion of the Court
Raoul was tried and convicted in the recorder’s court of the City of Atlanta for violating a section of the city code which prohibits the keeping of liquor on hand for unlawful sale. The defendant was admittedly the secretary and treasurer of the Owls Club. The evidence showed conclusively that the Owls Club did keep on hand liquor, and that it was so kept for the purpose of unlawful sale. Several witnesses swore positively that they had purchased liquor at the club. The defendant in his statement did not deny this, but said: “Your honor, there is no question as to the evidence that has been submitted. It is merely a question, as I see it, of whether I made the sales.” The defendant denied that he purchased the whisky kept in the club, or that he ever made any sales, but said: “I am paid on a percentage basis—that is 10 per cent, upon all the receipts of the lodge and club, including sales, dues, fees, and everything. That is by way of compensation for the services I render, and is voted by the lodge. The lodge prefers to compensate me that way instead of by salary.” The defendant did not undertake to deny that there were sales made in the club, but admitted that they were made, and that he got for his services 10 per cent, on the sales. There was also undisputed evidence that the defendant refused to accept a salary from the club, but that he insisted upon a percentage of the income of the club for his services, and that whatever the defendant told them to do with reference to the “saloon feature” they did. Can it be denied that the defendant, under his own admissions, was an accessory to the violation of this ordinance? That there was a community of un
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.