7 S.E.2d 921 | Ga. Ct. App. | 1940
Where one is charged in an accusation general in its nature with unlawfully possessing in a dry county more than one quart of whisky, the law as to possessing whisky in counties which have not legalized the sale thereof is still a general law of those counties, and the State may prove possession of illegal whisky, or an excessive amount of legalized whisky (more than one quart of whisky which has been purchased by such person from a lawful and authorized retailer and is properly stamped), at any time within two years before the return of the indictment, and is not restricted to proof of possession on the date named in the indictment.
The evidence disclosed that on July 1, 1939, the defendant's place of business in Floyd County, a dry county, was raided, and two four-fifths-of-a-quart bottles of whisky were found. It also appears from the evidence that on the first or second of April, 1939, almost two cases of whisky were found at the defendant's same place of business. The defendant contends that the conviction can not stand on the evidence of the two cases of whisky, and that the two four-fifths quart bottles of whisky were satisfactorily explained to be legal, and "that the court in his charge should have carefully confined the jury to the legitimate purpose for which the evidence concerning the two cases of whisky might be used." The contention with reference to the charge, being raised for the first time in the defendant's brief, can not be considered by this court. Cason v. State,
It is true that under the act of 1938 (Code, § 58-1077) "one quart of alcoholic liquor may be lawfully possessed in a county which has not legalized the sale and possession of such liquor, provided such liquor so possessed or controlled has been purchased by such person from a lawful and authorized retailer and is properly stamped." Barfield v. State,
Judgment affirmed. Broyles, C. J., and Guerry, J., concur. *488
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