17 Ga. 290
Decided February 15, 1855
Supreme Court of Georgia · decided 1855-02-15
<p>[1.] Every indictment is sufficient, which states the offence in the terms or language of the I’enal Code, or so plainly that the nature of the offence may •he easily understood by the Jury.</p> <p>[2.] The case of one who, by pleading not guilty to an indictment for retailing liquors without license, alleges that he retailed with license, is not an exception to the general rale, that he who alleges an affirmative must prove it.</p>
Cited by 1 later decisions — most recently December 1912
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1855-02-15
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¶1 By the. Court.
¶2delivering the opinion.
¶3
¶4It is a general principle of law, that the party that alleges the affirmative of a proposition, especially if the proposition concern something which must be peculiarly within his knowledge, must prove the proposition.
¶5
¶6*292In accordance with this principle was the charge of the Court. That charge was therefore right.
¶7So there should be a general affirmance.