Public-domain · open source
OpenJurist

39 Ga. App. 680

Arnold v. State

Court of Appeals of Georgia

Decided May 14, 1929

Court of Appeals of Georgia · decided 1929-05-14

Relies on Cook v. State · Smith v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1929-05-14

How this case has been cited

Cited by 10 later decisions — most recently October 1981

1 district · 9 state decisions

501929193019401950196019701980decided

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.

View the full empirical analysis of this case →

Luke, J.

¶11. Where an indictment contains two counts, one for selling, the other for possessing intoxicating liquors, it is not erroneous for the court to instruct the jury that the accused could not be- guilty of the offense of selling whisky without also being guilty of the other offense. Smith v. State, 38 Ga. App. 366 (2) (143 S. E. 925), and cit.

¶22. Where a verdict is imperfect in form, it is proper for the court to require the jury to complete it-before receiving it. Cook v. State, 26 Ga. 593 (5).

¶33. Where, on a trial for the offense of selling intoxicating liquor, there is evidence tending to show that the accused contracted such a sale and received the agreed price, but was intercepted by the sheriff before making and while about to make delivery, and this interference prevented the completion of the intended transaction, a verdict finding the accused guilty of an attempt to sell such liquor is not without evidence to support it.

¶44. The conviction of the defendant was amply authorized, and for no reason appearing from the record did the court err in overruling the motion for a new trial.

¶5Judgment affirmed.

Broyles, G. J., and Bloodworth, J., eonour.
/39/gaapp/680 · .json · Public domain