78 Ga. 105 | Ga. | 1886
The defendant was convicted for keeping open a tippling-house on the Sabbath day, and moved for a new trial on various grounds.
(a) “If the tippling-house was-open for any cause or purpose which the law would justify or excuse, and if any
(5) “If the defendant opened the tippling-house in order to give whiskey to a man who he believed was sick, and if, in good faith, it was opened for no other cause or purpose, he would be entitled to be acquitted;” and
(c) “You have the right to determine whether the facts show that he was justified in opening his tippling-house on Sunday.”
It is true that the justice who pronounced the decision of the court in Sanders’ case, 74 Ga., did, in a general way, say that if a tippling-house was opened on Sunday for any cause or purpose which the law would justify or excuse, the defendant would be entitled to an acquittal, but no cause or purpose was specified which would amount to a sufficient excuse or justification for such an act. If fire should break out on the premises or in the vicinity, the proprietor would be justified in opening the house to remove his goods to a place of safety; or if one on the spot or in the vicinity should be stricken down with unmistakable, dangerous and sudden illness, requiring prompt treatment, and the house should be opened for the purpose of furnishing liquor as a remedy, and the liquor should be supplied in suitable quantities, then the act of opening the house on Sunday would be excused. Such emergencies, however, do not frequently arise, and when they occur, no one would think of prosecuting for a violation of the law; and if such a prosecution should be instituted, no court would tolerate it. There was, however, nothing approaching such a case in this instance. It is scarcely doubtful if the alleged sickness was not feigned for the express purpose of affording a pretext to the proprietor of the dram-shop for opening his doors and prosecuting his business in violation of the plain provisions of the law, and it is certain that the liquor was not furnished to the man thought by the keeper to be sick, but to his companion, who was cold but healthy, and in a quantity much larger than was
Judgment affirmed.