Colwell v. State
Cases that cite this one
3 later published cases cite this decision.
- Redwing Carriers, Inc. v. Knight (Ga. Ct. App. 1977)
- Ware v. State (Ga. Ct. App. 1909)
- Mason v. State (Ga. Ct. App. 1907)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.