Sharp v. State

Supreme Court of Georgia
Sharp v. State, 17 Ga. 290 (Ga. 1855)
Sensing

Sharp v. State

Opinion of the Court

By the. Court.

Sensing, J.

delivering the opinion.

[1.] The indictment stated the offence in the terms and language of the Code, or so plainly that the nature 'of the offence might be easily understood by the Jury; and that is all that the law requires. (The Code, Cobb’s Dig. 818, 833.)

It is a general principle of law, that the party that alleges the affirmative of a proposition, especially if the proposition concern something which must be peculiarly within his knowledge, must prove the proposition.

[2.] The case of one who, by pleading not guilty to a charge of retailing without license, alleges that he retailed with license, is not an exception to the general rule. (Apothecaries’ Company vs. Bentley, Ry. & Mood. 159. See 1 Starkie on Ev. 362, and cases cited. 1 Green. Ev. Sec. 79, and cases cited.)

*292In accordance with this principle was the charge of the Court. That charge was therefore right.

So there should be a general affirmance.

Reference

Full Case Name
Matthew Sharp, in error v. The State of Georgia, in error
Cited By
3 cases
Status
Published