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O.C.G.A. § 3-10-3 — Keeping of distilled spirits in building not exclusively used for dwelling deemed prima-facie evidence of possession for sale or distribution | Georgia Code

O.C.G.A. § 3-10-3 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 3 ALCOHOLIC BEVERAGES

Section 10. Sale or Possession of Distilled Spirits in Dry Counties and Municipalities, 3-10-1 through 3-10-15.

ARTICLE 2 HOTELS AND MOTELS

3-10-3. Keeping of distilled spirits in building not exclusively used for dwelling deemed prima-facie evidence of possession for sale or distribution.

The keeping of distilled spirits in any building not exclusively used for a dwelling shall be prima-facie evidence that they are kept for sale or with intent to dispose of same contrary to this chapter.

(Ga. L. 1915, Ex. Sess., p. 77, § 7; Code 1933, § 58-107; Code 1933, § 5A-7109, enacted by Ga. L. 1980, p. 1573, § 1.)

JUDICIAL DECISIONS

Meaning of section.

- This section, in substance, declares that the keeping of any of the prohibited liquors or beverages in any building not exclusively used for a dwelling shall be prima facie evidence that they are kept for sale or with intent to dispose of the liquors or beverages contrary to law. Elder v. Stark, 200 Ga. 452, 37 S.E.2d 598 (1946).

Applicability of section.

- The law as to the possession of whiskey in counties of this state which have not legalized sale thereof is still general law as to those counties. Davidson v. State, 68 Ga. App. 166, 22 S.E.2d 190 (1942).

RESEARCH REFERENCES

Am. Jur. 2d.

- 45 Am. Jur. 2d, Intoxicating Liquors, §§ 55, 333 et seq., 380.

C.J.S.

- 48 C.J.S., Intoxicating Liquors, §§ 335, 342, 343.

ALR.

- Test of intoxicating character of liquor, 11 A.L.R. 1233; 19 A.L.R. 512; 36 A.L.R. 725; 91 A.L.R. 513.

Admissibility in prosecution for violation of liquor law of attempt to conceal or dispose of liquor, 60 A.L.R. 1191.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.