12 Ga. App. 81 | Ga. Ct. App. | 1912
(After stating the foregoing facts.)
The demurrer to the .second count of the indictment was properly overruled. The act of 1910 (Acts 1910, p. 134), upon which this count of the indictment was framed, is as follows: “An act to prohibit any person from having or carrying about his person, in any county in the State of Georgia, any pistol or revolver without first haying obtained a license from the Ordinary of the county of said State in which the party resides, and to provide how said license may be obtained and a penalty prescribed for a violation of the same, and for other purposes.” This is the caption or title of the act. Section 1 provides: “Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same,'that from and after passage of this act it shall be unlawful for any person to have or carry about his person, in any county in the State of Georgia, ■ any pistol or revolver without first taking out a license from the ordinary of the respective counties in which the party resides, before such person shall be at liberty to carry around with him on his person, or to have in his manual possession
The State made a prima facie case of guilt on proof that the accused carried around with him on his person, or had in his manual possession, outside of his own home or place of business, a pistol, and it was incumbent upon the accused to show that he had a license for doing so, as required by the statute. This is squarely within the principle frequently announced by -the Supreme Court, holding that under indictments for selling liquor without a license, where a license is required, or furnishing liquor to minors without written consent of the parent or guardian of thé minor, and indeed in all those cases where written authority is required for the act, proof of the act puts the burden upon the defendant to show
No error of law appears, and the verdict is fully supported by the evidence. Judgment affirmed.