147 Ga. 260 | Ga. | 1917
Hendry Avas tried -in the city court of Waycross upon an accusation charging him with the offense of a misdemeanor. In the first count it is charged that on the 10th day of June, 1916, he did have in possession more than two quarts of spirituous liquors; in the second count it is charged that on the day alleged he kept for sale certain spirituous liquors; and in the third count it is charged that on the day stated he did, “in violation of the prohibition act of Georgia, approved on the 18th day of November, 1915, ship and transport from Jacksonville, State of Florida, into the State of Georgia and County of Ware more, than two. quarts of spirituous liquors and intoxicating liquors within thirty consecutive days, with intent to receive, possess, and have for sale said spirituous and intoxicating liquors, contrary to the laws of said State,” etc. Upon the trial the jury returned a verdict of guilty on the third count, acquitting the defendant'on the first two counts. Whereupon, after sentence, the defendant made a motion for a new trial containing numerous grounds, and among them is one which attacks as, unconstitutional certain provisions oE the statute upon which the accusation is based. The original motion for a new trial contained the general grounds, and the first eight grounds' of the amended motion relate also to the alleged lack of evidence in material particulars to authorize the verdict.
Judgment- affirmed.