¶1concurring specially. Section 1 of the act (Georgia Laws 1935, p. 73) contains an exception in the enacting clause, and the exception should be negatived in the indictment. Elkins v. State, 13 Ga. 435. It is apparent that the scope of the statute is to create an offense limited to a particular class of persons or conditions. The statute does not create a general offense, and the exception therein is not merely an exception to the general offense, but is an essential element in the offense sought to be charged, and it must be averred in the indictment that the accused did not have a license to sell malt beverages. 2 Bishop’s Criminal Procedure, §§ 633, 639; 1 Wharton on Criminal Procedure (10th ed.), §§ 290, 291.
58 Ga. App. 131
Plemmons v. State
Decided June 29, 1938
Court of Appeals of Georgia · decided 1938-06-29
Cited by 1 later decisions — most recently October 1939
1 state decisions
Relies on Elkins v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1938-06-29
View the full empirical analysis of this case →