Chapman v. State

Supreme Court of Georgia

Chapman v. State

27 S.E. 789, 100 Ga. 311, 1897 Ga. LEXIS 47

CourtSupreme Court of Georgia

DecidedNovember 21, 1897

StatusPublished

Cited by4 cases

This text of 27 S.E. 789 (Chapman v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chapman v. State, 27 S.E. 789, 100 Ga. 311, 1897 Ga. LEXIS 47 (Ga. 1897).

Pincite

Opinion

Simmons, C. J.

l. A medicinal preparation capable of being used as a beverage, and which contains such a percentage of alcohol as that 'if drunk to excess iit will produce intoxication, is within the meaning of an act which prohibits 'the sale of “spirituous, malt or intoxicating liquors” without taking out a specified [312]*312license; and this is true even though the same may contain certain other 'constituents which, either separately or in 'conjunction with 'alcohol, possess useful medicinal properties.

Submitted January 6, Decided November 21, 1897.

Indictment for selling liquor. Before Judge Sweat. Appling superior court. September term, 1896.

E. D. Q-ralvam, for plaintiff in error. J. W. Bennett, solicitor-general, and Toomer & Reynolds, contra.

2. The sale 'of such a preparation without the prescribed license is unlawful, whether the vendor in making the s'ale 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.

3. The verdict was supported hy the evidence, and no error of law was committed.

Judgment affirmed.

All the Justices concurring.

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