Home/Supreme Court of Georgia/Hicks v. State

Hicks v. State

32 S.E. 665, 108 Ga. 749, 1899 Ga. LEXIS 330
Supreme Court of Georgia·Decided March 15, 1899·Published·Cited by 8 cases

Opinion

Fish, J.

1. Section 434 of the Penal Code, which provides that, “If any person shall sell, or offer to sell, any spirituous, alcoholic, or malt liquors, in any quantities, within a radius of three miles of any church or public or private schoolhouse, he shall be guilty of a misdemeanor,” defines a complete affirmative offense ; and an accusation which charges one with the commission of such an offense and describes it in the language of that section is sufficient, without negativing an exception contained in a different section, viz. 435, to the effect that the provisions of the former section do not apply to an incorporated town or city. Elkins v. State, 13 Ga. 435; Hester v. State, 17 Ga. 133 (3); Jordan v. State, 22 Ga. 556; Cook v. State, 26 Ga. 605; Williams v. State, 89 Ga. 483.

2. It not being necessary to aver the negative of such exception, it follows that the State will not be required to prove it.

Judgment affirmed.

All the Justices concurring.

Free access — add to your briefcase to read the full text and ask questions with AI

Hicks v. State, 32 S.E. 665, 108 Ga. 749, 1899 Ga. LEXIS 330 (Ga. 1899).

32 S.E. 665 (Hicks v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Flynn v. State
76 S.E.2d 38 (Court of Appeals of Georgia, 1953)
Capitol Distributing Co. v. State
63 S.E.2d 451 (Court of Appeals of Georgia, 1951)
Pyron v. Arnold
21 S.E.2d 461 (Court of Appeals of Georgia, 1942)
Barfield v. State
1 S.E.2d 47 (Court of Appeals of Georgia, 1939)
Crawley v. State
195 S.E. 453 (Court of Appeals of Georgia, 1938)
Stoner v. State
63 S.E. 602 (Court of Appeals of Georgia, 1908)
Tigner v. State
45 S.E. 1001 (Supreme Court of Georgia, 1903)
Kitchens v. State
43 S.E. 256 (Supreme Court of Georgia, 1903)