Neely v. State

Court of Appeals of Georgia

Neely v. State

92 S.E. 542, 20 Ga. App. 83, 1917 Ga. App. LEXIS 721

CourtCourt of Appeals of Georgia

DecidedMay 11, 1917

Docket8546

StatusPublished

This text of 92 S.E. 542 (Neely v. State) 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

Neely v. State, 92 S.E. 542, 20 Ga. App. 83, 1917 Ga. App. LEXIS 721 (Ga. Ct. App. 1917).

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Opinion

George, J.

1. “If any person shall vend or expose to sale anything whatever, within one mile of the place of worship in a camp-ground and during the period of divine worship thereat, without the written consent of a majority of the trustees, commissioners, or owners of such camp-ground, he shall be guilty of a misdemeanor.” Penal Code (1910), § 423.

2. In a prosecution under the foregoing section of the code the State is not required to show that the sale of the articles described in the accusation "was made “in the camp-ground; the language of the section, “in the camp-ground,” refers to the place of worship, and not to the place where the articles are sold or exposed to sale. The statute is to be given a reasonable construction, and does not apply to a sale made in the course of an established business carried on within one mile of the place of worship in a camp-ground. The legislature did not, by this act, intend to interfere with a legitimate and established business, although carried on within one mile of the place of worship in a campground thereafter laid out, but did intend that the people lawfully assembled at a camp-ground for divine worship, and during the period of such worship, should not be interrupted by every passing vendor attracted thereto by his desire for gain.

3. The court correctly charged the law, and the verdict of guilty was demanded by the evidence and the statement of the accused.

Judgment affirmed.

Wade, O. J., and LuJce, J., concur.

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George, J.

1. “If any person shall vend or expose to sale anything whatever, within one mile of the place of worship in a camp-ground and during the period of divine worship thereat, without the written consent of a majority of the trustees, commissioners, or owners of such camp-ground, he shall be guilty of a misdemeanor.” Penal Code (1910), § 423.

2. In a prosecution under the foregoing section of the code the State is not required to show that the sale of the articles described in the accusation "was made “in the camp-ground; the language of the section, “in the camp-ground,” refers to the place of worship, and not to the place where the articles are sold or exposed to sale. The statute is to be given a reasonable construction, and does not apply to a sale made in the course of an established business carried on within one mile of the place of worship in a camp-ground. The legislature did not, by this act, intend to interfere with a legitimate and established business, although carried on within one mile of the place of worship in a campground thereafter laid out, but did intend that the people lawfully assembled at a camp-ground for divine worship, and during the period of such worship, should not be interrupted by every passing vendor attracted thereto by his desire for gain.

3. The court correctly charged the law, and the verdict of guilty was demanded by the evidence and the statement of the accused.

Judgment affirmed.

Wade, O. J., and LuJce, J., concur.

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Bluebook (online)

92 S.E. 542, 20 Ga. App. 83, 1917 Ga. App. LEXIS 721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neely-v-state-gactapp-1917.