Oswalt v. State

Court of Appeals of Georgia

Oswalt v. State

86 S.E. 659, 17 Ga. App. 289, 1915 Ga. App. LEXIS 351

CourtCourt of Appeals of Georgia

DecidedOctober 21, 1915

Docket6618

StatusPublished

This text of 86 S.E. 659 (Oswalt 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

Oswalt v. State, 86 S.E. 659, 17 Ga. App. 289, 1915 Ga. App. LEXIS 351 (Ga. Ct. App. 1915).

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Opinion

Russell, C. J.

1. There is no merit in any of the exceptions. The practical effect of the passage of the general prohibition law of 1907 (Acts 1907, p. 81) was to destroy the exception as to incorporated towns and villages originally found in the act penalizing offers to sell intoxicating liquors within three miles of certain churches and schools; and the exceptions originally embodied in the Penal Code of 1895; § 435, were therefore purposely and properly omitted in the present code. While testimony as to the nonuse of the franchise of an alleged municipal corporation may have been irrelevant and immaterial, it is not shown that this evidence was prejudicial to the accused. In this connection see City of Barnesville v. Means, 128 Ga. 203 (57 S. E. 422).

2. The evidence warranted the verdict, and the court did not err in overruling the motion for a new trial. Judgment affirmed.

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Russell, C. J.

1. There is no merit in any of the exceptions. The practical effect of the passage of the general prohibition law of 1907 (Acts 1907, p. 81) was to destroy the exception as to incorporated towns and villages originally found in the act penalizing offers to sell intoxicating liquors within three miles of certain churches and schools; and the exceptions originally embodied in the Penal Code of 1895; § 435, were therefore purposely and properly omitted in the present code. While testimony as to the nonuse of the franchise of an alleged municipal corporation may have been irrelevant and immaterial, it is not shown that this evidence was prejudicial to the accused. In this connection see City of Barnesville v. Means, 128 Ga. 203 (57 S. E. 422).

2. The evidence warranted the verdict, and the court did not err in overruling the motion for a new trial. Judgment affirmed.

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Bluebook (online)

86 S.E. 659, 17 Ga. App. 289, 1915 Ga. App. LEXIS 351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oswalt-v-state-gactapp-1915.

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