¶1I concur in the judgment of reversal in this case, but I cannot agree to the ruling announced in the first headnote; for, in my opinion, that ruling is, under the particular facts of the in*4stant case, equivalent to a holding that one can be legally convicted of selling the same liquor which he has been found not guilty of possessing. Such a conviction would be void for repugnancy. Indeed, the Supreme Court has settled this question in the recent case of Kuck v. State, 149 Ga. 191, 193 (99 S. E. 622, 623), where it is ruled that, “the offense of selling, which contemplates delivery within the meaning of the prohibition statutes as the culminating feature of the sale (Cureton v. State, 136 Ga. 91, 70 S. E. 786, and cit.), could not be committed without having, controlling, or possessing liquors.” 'It is true that in that case there were two counts, one charging the defendant with selling liquors, and the other with possessing liquors, whereas in this case we are considering two indictments, one charging the defendant with having and possessing liquors, and the other with selling liquors, but, to my mind, this is a distinction without a real difference, for it is the settled law of this State that where an indictment is drawn in two counts, each count must be as complete as if there were but one count in the indictment.
27 Ga. App. 1
Phillips v. State
Decided May 11, 1921
Court of Appeals of Georgia · decided 1921-05-11
<p>1. An acquittal of one upon an indictment charging him with having in his possession alcoholic liquors is no bar to a trial on a separate indictment charging him with selling such liquors.</p> <p>2. “ There being no proof of a plenary- confession by the accused, but, at most, evidence only of incriminatory admissions, it was such an error to charge the law relating to confessions as to require a grant of a new trial.”</p>
Relies on Kuck v. State · Cureton v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1921-05-11
How this case has been cited
Cited by 10 later decisions — most recently May 1965
10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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