Jackson v. City of Atlanta

Court of Appeals of Georgia

Jackson v. City of Atlanta

13 S.E.2d 202, 64 Ga. App. 375, 1941 Ga. App. LEXIS 67

CourtCourt of Appeals of Georgia

DecidedFebruary 13, 1941

Docket28657.

StatusPublished

This text of 13 S.E.2d 202 (Jackson 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

Jackson v. City of Atlanta, 13 S.E.2d 202, 64 Ga. App. 375, 1941 Ga. App. LEXIS 67 (Ga. Ct. App. 1941).

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Opinion

Broyles, C. J.

The defendant was convicted in the recorder’s court of Atlanta of violating section 881 of the Code of the city, which reads as follows: “Any person who shall keep a place where liquors, either alcoholic, malt or vinous, are kept and sold, and where men and women come and drink, either in the room where such liquors are kept and sold, or in a restaurant or other place connected therewith, or in a place not connected with such place, *376 where liquors are kept or sold, where men and women drink, and there is connected with any such place any immoral conduct, or it is a place where men or women loiter and idle who are without means of support, or, who being without such means of support, loiter and idle away their time and do not work, such place shall be known as a cdive/” Section 882 provides a penalty against any one operating a “dive.”

The evidence, while raising a suspicion of immoral conduct by some of the occupants of the hotel operated by the accused, was insufficient to authorize her conviction of the offense charged, and the overruling of her certiorari was error.

Judgment reversed.

MacIntyre and Gardner, JJ., concur.

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Broyles, C. J.

The defendant was convicted in the recorder’s court of Atlanta of violating section 881 of the Code of the city, which reads as follows: “Any person who shall keep a place where liquors, either alcoholic, malt or vinous, are kept and sold, and where men and women come and drink, either in the room where such liquors are kept and sold, or in a restaurant or other place connected therewith, or in a place not connected with such place, *376 where liquors are kept or sold, where men and women drink, and there is connected with any such place any immoral conduct, or it is a place where men or women loiter and idle who are without means of support, or, who being without such means of support, loiter and idle away their time and do not work, such place shall be known as a cdive/” Section 882 provides a penalty against any one operating a “dive.”

The evidence, while raising a suspicion of immoral conduct by some of the occupants of the hotel operated by the accused, was insufficient to authorize her conviction of the offense charged, and the overruling of her certiorari was error.

Judgment reversed.

MacIntyre and Gardner, JJ., concur.

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Bluebook (online)

13 S.E.2d 202, 64 Ga. App. 375, 1941 Ga. App. LEXIS 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-city-of-atlanta-gactapp-1941.