Robinson v. State

Court of Appeals of Georgia

Robinson v. State

76 S.E.2d 817, 88 Ga. App. 509, 1953 Ga. App. LEXIS 1123

CourtCourt of Appeals of Georgia

DecidedJuly 10, 1953

Docket34683

StatusPublished

Cited by1 cases

This text of 76 S.E.2d 817 (Robinson 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

Robinson v. State, 76 S.E.2d 817, 88 Ga. App. 509, 1953 Ga. App. LEXIS 1123 (Ga. Ct. App. 1953).

Pincite

Opinion

Gardner, P. J.

The defendant was charged on May 18, 1952, and later convicted (omitting the formal parts of the accusation) with the “offense of misdemeanor, for that the said Willie Robinson . . . did keep, maintain, and operate a place or resort where alcoholic liquors were kept to be consumed on the premises, by persons resorting there for that purpose, at 73 Mangum Street.” The accusation was drawn under Code § 58-104. After conviction, he filed a certiorari to the superior court on the general grounds only. The writ was granted, and on a hearing, was overruled and dismissed on March 26, 1953.

The provisions of Chapter 58-1 (which includes Code § 58-104) do not apply to Fulton County. Code, Ann. Supp.,' § 58-306 reads: “Chapters 58-1, 58-2, 58-3 not applicable in counties adopting legalization under Chapter 58-10.—Nothing in Chapters 58-1, 58-2, and 58-3 of this Code shall apply in those counties in which a majority of those voting at an election held for the purpose vote in favor of the taxing and legalizing and controlling of alcoholic beverages and liquors as provided in Chapter 58-10.” Ga. L. 1937-38, Ex. Sess., pp. 103, 104. The court erred in overruling and dismissing the certiorari.

Judgment reversed.

Townsend and Carlisle, JJ., concur.

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

Gardner, P. J.

The defendant was charged on May 18, 1952, and later convicted (omitting the formal parts of the accusation) with the “offense of misdemeanor, for that the said Willie Robinson . . . did keep, maintain, and operate a place or resort where alcoholic liquors were kept to be consumed on the premises, by persons resorting there for that purpose, at 73 Mangum Street.” The accusation was drawn under Code § 58-104. After conviction, he filed a certiorari to the superior court on the general grounds only. The writ was granted, and on a hearing, was overruled and dismissed on March 26, 1953.

The provisions of Chapter 58-1 (which includes Code § 58-104) do not apply to Fulton County. Code, Ann. Supp.,' § 58-306 reads: “Chapters 58-1, 58-2, 58-3 not applicable in counties adopting legalization under Chapter 58-10.—Nothing in Chapters 58-1, 58-2, and 58-3 of this Code shall apply in those counties in which a majority of those voting at an election held for the purpose vote in favor of the taxing and legalizing and controlling of alcoholic beverages and liquors as provided in Chapter 58-10.” Ga. L. 1937-38, Ex. Sess., pp. 103, 104. The court erred in overruling and dismissing the certiorari.

Judgment reversed.

Townsend and Carlisle, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

76 S.E.2d 817, 88 Ga. App. 509, 1953 Ga. App. LEXIS 1123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-state-gactapp-1953.

Opinion

Related

Cite This Page — Counsel Stack