122 Ga. 747 | Ga. | 1905
Freeman Walker was tried under an indictment based on Penal Code, § 428, as amended by the act of 1897 (Acts 1897, p. 39), which declares, “If any person shall sell, contract to sell, take orders for, or solicit, personally or by agent, the sale .of spirituous, malt, or intoxicating liquors,-in any county or town or municipal corporation or militia district or other place .where the sale of such liquors is prohibited by law, high license or otherwise, he shall be guilty of a misdemeanor.” On the trial it appeared, from the evidence submitted in behalf of the State, that the accused was the agent, at Dublin, Georgia, of a mbhc telephone company, which owned a line from that town to Macon,
It has been frequently held by this court that it is the duty of the trial judge, whether requested or not, to give to the jury appropriate instructions on every substantial issue in the case which is made by the evidence, and that a failure to do so is cause for a new trial. It is equally well settled that, in the absence of a proper and pertinent request thereon, the court is not bound to
Reversed.