O.C.G.A.
O.C.G.A.

O.C.G.A. § 3-10-3 (2019)

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

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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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.

History

Ga. L. 1915, Ex. Sess., p. 77, § 7; Code 1933, § 58-107; Code 1933,

§ 5A-7109, enacted by Ga. L. 1980, p. 1573, § 1.

Annotations

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, § 291 et seq. C.J.S. - 48 C.J.S., Intoxicating Liquors, §§ 454 et seq., 505 et seq, 520 et seq. 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.