23 Ga. App. 67 | Ga. Ct. App. | 1918
(After stating the foregoing facts.)
The acts of delivery of liquors made crimes by the first and seventh sections of the act are entirely different and distinct. Section 1 makes the delivery of liquors unlawful when they are intended to be “received, possessed, sold, or in any manner used” in violation of law. Section 7, among other things, makes the delivery of liquors unlawful whether they are to be used for a lawful or unlawful purpose, “unless and until the consignee shall, before delivery, make an affidavit setting forth the name of the carrier or persons making such delivery, the place of delivery, the amount and kind of liquor to be received, the total amount and kind of such liquors received" or possessed by him during the thirty days last past and that the affiant is over the age of twenty-one years and is of temperate habits with the details mentioned in the form below.” Of course, if the liquors were delivered for a lawful purpose, and section 7 was complied with, this, if properly pleaded, would be a good defense to an indictment under section 1 of the act, if the defendant did not know, or by the exercise of ordinary diligence could not have discovered that the affidavit was false.
Reversed.