Georgia Court of Appeals, 1916

Freeman v. City of Atlanta

Freeman v. City of Atlanta
Georgia Court of Appeals · Decided October 18, 1916 · Hodges
18 Ga. App. 696; 90 S.E. 368; 1916 Ga. App. LEXIS 1200

Freeman v. City of Atlanta

Opinion of the Court

Hodges, J.

Plaintiff in error was convicted on March 1, 1916, before the recorder of the City of Atlanta under an ordinance reading as follows: β€œAny person, firm, or corporation who shall keep for unlawful sale in any store, house, room, office, cellar, stand, *697booth, stall or other place, or shall have contained for unlawful sale in any barrel, keg, can, demijohn, or other package, any spirituous, fermented, or malt liquors for such sale, shall, on conviction, be punished by fine not exceeding five hundred dollars, or imprisonment not exceeding thirty days, or, in the discretion of said recorder, such offenders may be punished by fine not exceeding five hundred dollars and imprisonment not exceeding thirty days, or by fine not exceeding five hundred dollars and labor on the public works for not exceeding thirty days.” He excepted by certiorari, and the court overruled the certiorari. While it is true that the recorder may have erred in admitting certain hearsay testimony upon the trial, the other evidence in the case demanded a finding of guilty, and the judge of the superior court did not err in overruling the certiorari. Judgment affirmed.

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