Cheatwood v. City of Buchanan, 72 S.E. 284 (Ga. Ct. App. 1911). · Go Syfert
Cheatwood v. City of Buchanan, 72 S.E. 284 (Ga. Ct. App. 1911). Cases Citing This Book View Copy Cite
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Cheatwood
v.
City of Buchanan
3585.
Court of Appeals of Georgia.
Oct 10, 1911.
72 S.E. 284
1911 Ga. App. LEXIS 356
E; S. Griffith, for plaintiff in error., Walter Matthews, O. tí. Weatherly, contra.
Hill.
Cited by 5 opinions  |  Published
Hill, C. J.

1. On the trial of an accusation of selling intoxicating liquor, where the defense relied upon was that the accused had no interest whatever in the sale, but acted therein simply as agent for the purchaser, the burden is on the accused to prove how, when, and from whom he obtained the liquor; and until this is done to the satisfaction of the jury this burden is not carried. Under the facts of this case, the jury were authorized to conclude that the defense was merely a subterfuge, and that the accused was himself the seller, or at least was interested in the sale otherwise than as agent for the purchaser. Bray v. City of Commerce, 5 Ga. App. 605 (63 S. E. 596) ; Sessions v. State, 6 Ga. App. 336 (64 S. E. 1101) ; Roberts v. State, 8 Ga. App. 476 (69 S. E. 585) ; Gaskins v. State, 127 Ga. 51 (55 S. E. 1045).

2. The venue was sufficiently proved. Judgment affirmed.