101 Ga. 534 | Ga. | 1897
The grand jury of Glynn county returned a special presentment against one T. Newman, charging him with a violation of section 446 of' the Penal Code. The presentment was in the following words: “In the name and behalf of the citizens of Georgia, charge and accuse T. Newman, of the county and State aforesaid, with the offense of misdemeanor; for that the said T. Newman, on the sixth day of June in the year 1896, in the county aforesaid, did then and there unlawfully and with force and arms then and there sell, give and furnish spirituous, intoxicating and malt liquors to various persons, a primary election being then and there held on said day to elect candidates for the democratic party of said county for the various county offices of said county.” The accused filed a demurrer upon the following grounds: (1) That said indictment fails to allege that said defendant did sell, give and furnish spirituous, intoxicating and malt liquors to any particular person by name, or to any persons unknown to the grand jury. (2) Because said special presentment does not charge the defendant with any violation of law. ( 3 ) Because said special presentment fails to «enumerate or specify any officers who were then and there to be and were being selected, nominated or elected, and who were to be then and there nominated, selected or elected at the election referred to in said special presentment. The court overruled the demurrer; and this is one of the errors assigned. A plea in abatement was then filed, averring that what purported to be the signature of the solicitor-general on the presentment was not his true and genuine signature. The issue on this plea was submitted to the court upon an agreed statement of facts, from which it appeared that the solicitor-general did not himself
We therefore affirm the judgment as to the conviction; but direct that the sentence be so amended as to strike therefrom the provisions imposing upon the accused a forfeiture of license and disqualification to engage in selling liquors.
Judgment affirmed, with direction.