88 Ga. 254 | Ga. | 1892
Judgment affirmed.
Sanders was charged with having unlawfully sold to one Brawner in Elbert county, on January 15, 1890, one pint of intoxicating liquor, to .wit, root tonic. He was found guilty; his motion for new trial was over-' ruled, and he excepted. The grounds of the motion were, that the verdict was contrary to law, evidence, etc., and that the court erred in this : After the evidence was closed and before argument to the jury, counsel for the defendant moved the court to require the State to elect and put the defendant on notice upon which of the sales proved it would rely for a conviction, which motion was overruled.
The testimony as to whether or not root tonic, as sold by defendant, was intoxicating, was conflicting. As to the sale or sales made to Brawner, his was the only testimony, and was as follows : He bought root tonic from defendant on or about the 15th of January, 1890, having been buying it all the time. Bought it in Elbert county. Got about a thousand gallons, he reckoned. On this particular occasion he got as much as a pint. This root tonic would certainly intoxicate. On cross-examination : He did not remember this particular pint charged on the 15th of January, 1890, whether he bought that or not; did not remember any particular time. Bought it whenever he came to -town and when he felt like it when he did come to town. It is “sorter” like water; he could drink it just as long as he could hold it. Recalled, he testified : Really he could not say to save his life whether he got any root tonic from defendant during the month of January; would not swear
cited 81 Ga. 753; 79 Ga. 501, 503, 664; 80 Ga. 714; 85 Ga. 220.
cited 17 Ga. 439; 34 Ga. 202; 26 Ga. 611; 11 Ga. 92, 226; 59 Ga. 402; 18 Ark. 543; 20 Ark. 160; 7 Mo. 317; 3 Hill (N. Y.), 159; 22 N. Y. 299; 2 Allen, 229.