Cheatwood v. City of Buchanan

Court of Appeals of Georgia

Cheatwood v. City of Buchanan

72 S.E. 284, 9 Ga. App. 828, 1911 Ga. App. LEXIS 356

CourtCourt of Appeals of Georgia

DecidedOctober 10, 1911

Docket3585

StatusPublished

Cited by5 cases

This text of 72 S.E. 284 (Cheatwood v. City of Buchanan) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cheatwood v. City of Buchanan, 72 S.E. 284, 9 Ga. App. 828, 1911 Ga. App. LEXIS 356 (Ga. Ct. App. 1911).

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Opinion

Hill, C. J.

1. On the trial of an accusation of selling intoxicating liquor, where the defense relied upon was that the accused had no interest whatever in the sale, but acted therein simply as agent for the purchaser, the burden is on the accused to prove how, when, and from whom he obtained the liquor; and until this is done to the satisfaction of the jury this burden is not carried. Under the facts of this case, the jury were authorized to conclude that the defense was merely a subterfuge, and that the accused was himself the seller, or at least was interested in the sale otherwise than as agent for the purchaser. Bray v. City of Commerce, 5 Ga. App. 605 (63 S. E. 596) ; Sessions v. State, 6 Ga. App. 336 (64 S. E. 1101) ; Roberts v. State, 8 Ga. App. 476 (69 S. E. 585) ; Gaskins v. State, 127 Ga. 51 (55 S. E. 1045).

2. The venue was sufficiently proved. Judgment affirmed.

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Hill, C. J.

1. On the trial of an accusation of selling intoxicating liquor, where the defense relied upon was that the accused had no interest whatever in the sale, but acted therein simply as agent for the purchaser, the burden is on the accused to prove how, when, and from whom he obtained the liquor; and until this is done to the satisfaction of the jury this burden is not carried. Under the facts of this case, the jury were authorized to conclude that the defense was merely a subterfuge, and that the accused was himself the seller, or at least was interested in the sale otherwise than as agent for the purchaser. Bray v. City of Commerce, 5 Ga. App. 605 (63 S. E. 596) ; Sessions v. State, 6 Ga. App. 336 (64 S. E. 1101) ; Roberts v. State, 8 Ga. App. 476 (69 S. E. 585) ; Gaskins v. State, 127 Ga. 51 (55 S. E. 1045).

2. The venue was sufficiently proved. Judgment affirmed.

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Bluebook (online)

72 S.E. 284, 9 Ga. App. 828, 1911 Ga. App. LEXIS 356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cheatwood-v-city-of-buchanan-gactapp-1911.

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