113 Ga. 190 | Ga. | 1901
D. T. Hood was convicted in the criminal court of Griffin for violating a city ordinance. He carried the case by certiorari to the superior court, where the certiorari was overruled, and he thereupon excepted. The ordinance which he was convicted of violating declared: “ It shall be unlawful for any person . . to keep for sale, barter, or exchange, any spirituous, malt, or vinous liquors within the corporate limits of the City of Griffin,” the penalty for a violation of the ordinance being a fine not to exceed one hundred dollars, or imprisonment in the chain-gang for a term not exceeding sixty days, either or both in tbe discretion of the court. The affidavit and warrant upon which the accused was tried charged, “that the said H. T. Hood did on the 16th day of November, 1898, in the city of Griffin, keep for sale a quantity of spirituous liquors.” The accused filed a general and a special demurrer, both of which were overruled by the court. The petition for certiorari alleged error in overruling the demurrers, and that the judgment of guilty was contrary to the law and the evidence. The only points insisted upon here by counsel for the plaintiff in error, in his brief and in his oral argument, are: that the ordinance is unconstitutional, because it makes penal the keeping for sale by any person, within the
3. There was ample evidence to authorize the judgment of guilty, and there was no error in overruling the certiorari.
Judgment affirmed.