81 Ga. 780 | Ga. | 1888
Combs was indicted for selling intoxicating liquors in the county of Catoosa, “ contrary to the laws of said State,” etc. He pleaded not guilty. On the trial of the case, the jury returned a verdict of guilty. He made a motion for a new trial, which was overruled by the court, and he excepted.
The only ground insisted on before us for the reversal of the judgment of the court below, was the third ground of the motion, which is as follows : “Because the court erred in charging the jury as follows: ‘I charge you that the local option law for Catoosa county is now of force, and was when the offence in this case is alleged to have been committed. I have before me the record kept by the clerk, in which it is recited that at the election held under the provisions of said law, a majority of the votes cast were for prohibition, and the law became operative in Catoosa county on the 8th day of November, 1888.’ ”
The plaintiff in error was indicted under the act approved September 28th, 1883, which provides that “it shall not be lawful for any person to sell in any quantity any spirituous or intoxicating liquors in the county of Catoosa in this State, and any person violating the provisions of this act shall be deemed guilty of’a misde
Counsel for the plaintiff in error insisted before us that the court -erred in giving the above charge, -for two reasons : (1) because there -had been no evidence introduced before the jury- that the law had gone into effect in the county of Catoosa; and (2) because -it was an expression of opinion by the court on the facts of the case. We do not think that these exceptions to the charge are well-founded. We do not think that, in a
But it is argued that, while this may be true, the act itself will be recognized without proof; yet the fact of its having been adopted by a majority of the votes must be submitted to the jury, and it is for the jury to say whether it has been so adopted or not. This act provides that the managers of the election shall consolidate the votes of the different precincts in the county, and make a return to the clerk of the superior court, and that the clerk shall announce the result by publishing the same in a newspaper, and that the act shall take effect on the day of the publication of the result by the clerk. It provides further that this notice shall be entered on the minutes of the superior court, and it shall be competent evidence to show when the act took effect. “Courts are created to administer and enforce the law. Therefore they do and must take judicial cognizance of all laws. Whether the law was in existence is for them to say, just as fully as it rests with them to say whether the indictment is good or bad, or that the evidence to prove the offence alleged is legally admissible or otherwise. To the courts
We are aware that the courts in different States have
Contra: Hailes vs. State, 9 Texas Court of Appeals, 170; Hays vs. State, 78 Mo. 600; Grider vs. Tally, 77 Ala. 422; Bryant vs. State, 65 Miss. 435, 4 South. Rep. 243.
Judgment affirmed.