Mitchell v. State

22 S.E. 386, 97 Ga. 213
CourtSupreme Court of Georgia
DecidedMay 13, 1895
StatusPublished

This text of 22 S.E. 386 (Mitchell 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
Mitchell v. State, 22 S.E. 386, 97 Ga. 213 (Ga. 1895).

Opinion

Simmons, C. J.

1. The indictment being founded upon the act of August 9, 1881 (Acts of 1880-1, p. 591), prohibiting the sale of certain specified liquors within the limits of the 714th district, G. M„ of Carroll county, and the indictment charging that the accused sold such liquors within that district, it was essential to prove that the sale actually occurred within the limits thereof; and the State having failed to make such proof, the verdict was necessarily contrary to law.

2. As ruled by this court in Hines v. The State, 93 Ga. 187, it was not necessary, in such case, for the State to prove affirmatively that the accused was not a “licensed physician in the regular practice of his profession,” etc., although the indictment so alleged. Judgment reversed.

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Related

Hines v. State
18 S.E. 558 (Supreme Court of Georgia, 1893)

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Bluebook (online)
22 S.E. 386, 97 Ga. 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-state-ga-1895.