Hembree v. City of Atlanta

Court of Appeals of Georgia

Hembree v. City of Atlanta

83 S.E. 444, 15 Ga. App. 388, 1914 Ga. App. LEXIS 123

CourtCourt of Appeals of Georgia

DecidedNovember 17, 1914

Docket5824

StatusPublished

Cited by1 cases

This text of 83 S.E. 444 (Hembree v. City of Atlanta) 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

Hembree v. City of Atlanta, 83 S.E. 444, 15 Ga. App. 388, 1914 Ga. App. LEXIS 123 (Ga. Ct. App. 1914).

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Opinion

Russell, C. J.

There was direct evidence that the accused made a sale ■ of intoxicating liquor under circumstances which authorized the inference that it was kept on hand for unlawful sale, in violation-of the municipal ordinance, whether the sale was made in a shop or in his bedroom. Consequently (though the charge was not supported by other evidence in the case) the judgment of the recorder finding the accused guilty was warranted; and the judge of the superior court did not err in refusing to sanction the certiorari, the only assignment of errors in the petition being that the conviction and sentence were contrary to [389]*389law, and that the evidence taken as a whole was consistent with the innocence of the accused. Judgment affirmed.

Decided November 17, 1914.

Certiorari; from Fulton superior court—Judge Pendleton. April 27, 1914.

Morris Macks, D. K. Johnston, for plaintiff! in error. J. L. May son, W. D. Ellis Jr., contra. Broyles, J., not presiding.

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Russell, C. J.

There was direct evidence that the accused made a sale ■ of intoxicating liquor under circumstances which authorized the inference that it was kept on hand for unlawful sale, in violation-of the municipal ordinance, whether the sale was made in a shop or in his bedroom. Consequently (though the charge was not supported by other evidence in the case) the judgment of the recorder finding the accused guilty was warranted; and the judge of the superior court did not err in refusing to sanction the certiorari, the only assignment of errors in the petition being that the conviction and sentence were contrary to [389]*389law, and that the evidence taken as a whole was consistent with the innocence of the accused. Judgment affirmed.

Decided November 17, 1914.

Certiorari; from Fulton superior court—Judge Pendleton. April 27, 1914.

Morris Macks, D. K. Johnston, for plaintiff! in error. J. L. May son, W. D. Ellis Jr., contra. Broyles, J., not presiding.

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Bluebook (online)

83 S.E. 444, 15 Ga. App. 388, 1914 Ga. App. LEXIS 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hembree-v-city-of-atlanta-gactapp-1914.

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