Blake v. State
Blake v. State
Opinion of the Court
The act of February 26, 1877, prohibited the sale of intoxicating liquors on St. Simons Island, under penalty of a fine of not less than one hundred nor more than five hundred dollars, or imprisonment from two to twelve months. See Acts 1877, p. 335. The plaintiff in error was tried and convicted for selling liquor on St. Simons Island, under the provisions of the Penal Code, § 434, codified from the act of 1891 (see Acts 1890 — 91, p. 132, vol. 1), making penal the sale within three miles of a church. The question presented is, did the general law contained in the-code become operative on St. Simons Island, there being at the time of its enactment a local law prohibiting the sale on that island ? The plaintiff in error contends that it did not, and bases his contention upon the decisions in Patton v. State, 80 Ga. 714, Brown v. State, 104 Ga. 525, Collins v. State, 114 Ga. 70, Batty v. State, 114 Ga. 79, and similar decisions, holding that when a law is enacted prohibiting the sale of intoxicating liquors in a given locality, the operation of general laws regulating the sale, that is, allowing it upon specified conditions, is suspended while the prohibitory law is in force. A similar contention was made by the plaintiff in error in the recent case of Barker v. State, 118 Ga. 35, and it was there held that two prohibitory laws, one local and the other general, could be operative at the same time in the same locality, and that the principle of the decisions above cited did not apply in such a case. It is said, though, that the general law dealt with in the Barker case expressly provided that it should be applicable in
Reference
- Full Case Name
- BLAKE v. State
- Cited By
- 1 case
- Status
- Published