7 Ga. App. 677 | Ga. Ct. App. | 1910
Robert Huckabee was convicted of the offense of selling intoxicating liquor in Terrell county, and his motion for a new trial was overruled. Besides the general grounds, there is one special assignment of error. The trial judge, over the objection of the defendant, admitted in evidence a certified copy by the collector of internal revenue for Georgia, from the records of his office, showing that he had issued to Huckabee & Eoss, of Dawson, Georgia, a special-tax stamp, as retail liquor dealers, for the year in which the sale was claimed to have taken place. The certificate was under the seal of the collector. The admission of this certified copy was objected to on the ground that it was illegal, irrelevant, and immaterial, and was neither the original and examined copy, nor secondary, but was an attempt to introduce a transcript of a record not appertaining to a court of record, and was not properly certified to or properly exemplified or attested. There was evidence that the Huckabee mentioned in the certified copy was the defendant, Robert Huckabee, and for that reason we think the copy was both relevant and material, if it was not objectionable for other reasons. By an act of Congress approved June 21, 1906 (34 Stat. 387, c. 3509, U. S. Comp. Stat. Supp. 1901, p. 841), 83240 of the Revised Statutes was so amended as to read: “Each
The evidence fully supports the verdict, and no error of law was committed. Judgment affirmed.