150 Ga. 411 | Ga. | 1920
The Court of Appeals has certified to this eomt the following question: “Hpon the trial of one charged with having, controlling, and possessing intoxicating liquors, is testimony showing that he was seen in an intoxicated or partially intoxicated condition, and that such condition was caused by the drinking of intoxicating liquors, sufficient to authorize the jury to find that the defendant possessed and controlled such liquors, either at the time he was observed to be under their influence or shortly prior thereto ? ” By the- first section of the act of the General Assembly approved March 28, 1917 (Acts Ex. Sess. 1917, p. 8), it is declared to be unlawful “for any common carrier, 'corporation, firm, or ■ individual to transport, ship, or carry, by any means whatsoever, with or without hire, or cause the same to be done, from any point without this State to any point within this State, or from place to place within this State, whether intended for personal use or otherwise, any spirituous, vinous, malted, fermented, or intoxicating liquors, or any of the prohibited liquors or beverages as are defined' in the act approved November 17, 1915.” It is further declared to be unlawful “for any corporation, firm, person, or individual to receive from any common carrier, corporation, firm, person or individual, or to have, control, or possess, in this State, any of said enumerated liquors or beverages, whether intended for personal use or otlierwise,” save as provided in the subsequent sections of the act. The subsequent sections permit the use of pure alcohol for medicinal purposes as prescribed in sections 426 -et seq. of the Penal Code of 1910, said alcohol, however, “to be shipped, received, and possessed only as
We have not overlooked the rule applied in this State that a person who receives money from another with the request to procure whisky, and who shortly afterward delivers the whisky, may be treated as the seller if no other person filliñg that character appears, and if it is not shown where, how, or from whom the whisky was obtained. Paschal v. State, 84 Ga. 326 (10 S. E. 821); Grant v. State, 87 Ga. 265 (13 S. E. 554). In such case the facts proved constitute prima facie the misdemeanor charged. As we have already pointed out, drunkenness, partial or complete, except under certain circumstances and at certain places, is not made penal in this State. Drunkenness, partial or complete, is not the essential fact to be proved by the State in the trial of one charged with having, controlling, or possessing intoxicating liquors, but is only a circumstance tending to establish the fact in issue, and such circumstance, of itself, does not exclude “ every other reasonable hypothesis save that of the guilt of the accused'' — the test laid down in section 1010 of the Penal Code of 1910. The question propounded by the Court of Appeals, and set out above, is answered in the negative. It is' unnecessary to consider a second question propounded by that court, relating to the question of venue in such case.