Possession of non-tax-paid whiskey.

- Nothing in Ga. L. 1937-38, Ex. Sess., p. 103 (see now O.C.G.A. Ch. 4, T. 3), purports to legalize possession of non-tax-paid whiskey. Its possession, in any quantity in any county of the state, is unlawful under existing law of the state. Pierce v. State, 200 Ga. 384, 37 S.E.2d 201, answer conformed to, 73 Ga. App. 627, 37 S.E.2d 431 (1946).

Quantity of contraband possessed immaterial.

- The possession of any quantity of contraband whiskey in a dry county subjects the accused to a violation and it is immaterial what quantity of contraband whiskey the accused possessed. Pierce v. State, 73 Ga. App. 627, 37 S.E.2d 431 (1946) (decided under former Code 1933 § 58-201).

Possession of contraband whiskey in a dry county constitutes two offenses, one under Ga. L. 1937-38, Ex. Sess., p. 103 (see now O.C.G.A. § 3-3-29), for having non-tax-paid whiskey, and the other for illegally possessing whiskey under former Code 1933, § 58-201 (see now O.C.G.A. § 3-10-7). Pierce v. State, 73 Ga. App. 627, 37 S.E.2d 431 (1946).

Possession of contraband whiskey violative of two sections.

- Since Ga. L. 1937-38, Ex. Sess., p. 103 (see now O.C.G.A. § 3-3-29), did not conflict with former Code 1933, § 58-201 (see now O.C.G.A. § 3-10-7), which latter section made unlawful the mere possession of contraband whiskey, possession of non-tax-paid whiskey in a dry county was a violation of both sections. Pierce v. State, 73 Ga. App. 627, 37 S.E.2d 431 (1946).

This section is still in force and effect in dry counties. Thus, sale of spirituous alcoholic beverages in any quantity to any person is strictly prohibited in such county. It is immaterial in such circumstances whether the liquors are tax-paid or non-tax-paid or to whom they are offered for sale or to whom they are sold. Martin v. State, 96 Ga. App. 557, 100 S.E.2d 645 (1957).

Burden on defendant to show applicability of exceptions.

- This section, a violation of which was charged, creates a general offense, and exceptions stated in the section are merely exceptions to general offense and are not essential elements in offense charged. The burden is on defendant to show that the defendant comes within one of exceptions. Frierson v. State, 67 Ga. App. 829, 21 S.E.2d 438 (1942).

Admissibility of evidence of prior, similar transactions.

- It was not error for trial court to allow the state to show that the defendant, prior to the transaction under investigation, had transported liquor in county where trial was had, which evidence tended to refute the defendant's statement that the defendant did not employ a codefendant to transport liquor in that county and the defendant's statement that the defendant had not had liquor transported in that county for over three years. Crow v. State, 52 Ga. App. 192, 182 S.E. 685 (1935).

Am. Jur. 2d.

- 45 Am. Jur. 2d, Intoxicating Liquors, §§ 35 et seq., 449.

C.J.S.

- 48 C.J.S., Intoxicating Liquors, §§ 21, 24, 26, 35, 92, 235, 266 et seq., 284.

ALR.

- Test of intoxicating character of liquor, 4 A.L.R. 1137; 11 A.L.R. 1233; 19 A.L.R. 512; 36 A.L.R. 725; 91 A.L.R. 513.

Constitutionality of statute making unlawful possession of intoxicating liquor legally obtained, or providing for its confiscation, 37 A.L.R. 1386.

What amounts to transportation of intoxicating liquor, 65 A.L.R. 983.

State statute or ordinance prohibiting or regulating transportation of intoxicating liquor as interference with interstate commerce, 110 A.L.R. 931; 138 A.L.R. 1150.

Transportation of liquor within state some counties or districts of which are "wet" and others "dry," 134 A.L.R. 424.

Regulations regarding bringing into state intoxicating liquor intended for personal use of consignee or carrier, 155 A.L.R. 816.

Operation and effect, in dry territory, of general state statute making sale or possession for sale of intoxicating liquor, without a license, an offense, 8 A.L.R.2d 750.

What constitutes such discriminatory prosecution or enforcement of laws as to provide valid defense in state criminal proceedings, 95 A.L.R.3d 280.