37 S.E.2d 812 | Ga. Ct. App. | 1946
The defendant was indicted for a misdemeanor, for that in the County of Haralson he did "sell and barter and offer for sale beer without having first obtained a permit from the governing authority of the county so to do." The defendant filed a demurrer to the indictment on the grounds that it did not charge the commission of any offense; that it failed to allege that the defendant had sold any prohibited beer or beverages under the laws of Georgia; and that the indictment was "too general, too vague, too uncertain, and does not put the defendant on notice of any offense under the law of Georgia, [for] which he is called upon to defend himself." Held: (1) Under the act of 1935 (Ga. L. 1936, p. 73), it is a misdemeanor to sell and barter and offer for sale malt beverages without first having obtained a permit from the governing authority of the county so to do. (2) Courts have judicial knowledge that "beer" *681 without any prefix is malt beverage. (3) The words "malt beverage" and "beer" as used in the act of 1935 are, in effect, synonymous, and the indictment was not subject to the demurrer on the grounds urged.
Judgment affirmed. Broyles, C. J., and Gardner, J., concur.