8 Ga. App. 725 | Ga. Ct. App. | 1911
The defendant was convicted in the county court of Henry county of the offense of keeping intoxicating liquor at his place of business, and sued out writ of certiorari to the superior court. From the. answer of the judge of the county court, as-amended upon traverse filed thereto, the testimony appears to have been that the defendant was a practicing dentist, who subrented office space from a physician. ' The physician had three rooms,—
The determination of the issues raised in this case depends upon the answer to the question, was the place where the whisky was found a public place of business ? We think not; and for that reason we think that the judge of the superior court erred in overruling 'the certiorari. Under the ruling in Roberts v. State, 4 Ga. App. 207, 213 (60 S. E. 1082), the term “place of business ” as used in the prohibition statute, means “a place where the public generally are expressly or implicitly invited for the purpose of
For these reasons we think the evidence is.;-insufficient to-support the conviction of the defendant,- and- ■ that the ■ certiorari should- have been sustained. ... - .-Judgment reversed. ■