Lee v. The State

Supreme Court of Georgia1937-04-15No. No. 11798

184 Ga. 327

Summary · law.co

Holding. The trial court properly overruled all demurrers to the accusation, and the judgment was affirmed because the accusation sufficiently charged a criminal offense under Georgia law, the evidence supported the verdict, and the trial court did not err in refusing a new trial.

Lee was charged with unlawfully selling beer without a license in Troup County. He filed multiple demurrers challenging the accusation on various grounds, including claims that the statutes authorizing beer sales regulation were unconstitutional, that the accusation failed to specify which statute governed his prosecution, that it lacked sufficient detail about the beer sold and purchasers involved, and that the legislature could not delegate licensing authority to county commissioners.

The court rejected all demurrer grounds. It determined that even if the newer beer and wine statutes were invalid, prior prohibition laws would still make the alleged conduct criminal, so the accusation adequately alleged an offense regardless. The court also held that an accusation need not cite the specific statute it invokes, need not include granular details about the goods or transactions involved, and that licensing requirements and the delegation of regulatory authority to local officials were constitutionally sound.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Whether an accusation must cite the specific statute violated
Whether an accusation requires detailed descriptions of goods, quantities, and purchasers
Whether licensing requirements and delegation of licensing authority to county officials are constitutional
Whether prior prohibition statutes remained in effect if newer beer regulation statutes were invalid

Procedural posture

The defendant appealed after the trial court overruled his demurrers to the misdemeanor accusation and a jury verdict was returned against him.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

majority opinion

Russeu,, Chief Justice.

The defendant was accused of the offense of a misdemeanor, for that in the County of Troup, on February 18, 1936, he “did then and there unlawfully distribute, deal in, sell, and barter, for valuable consideration, malt beverages, to wit: beer, without obtaining a license therefor contrary to law.” The defendant filed a demurrer to the accusation, attacking it as a whole upon the ground that it did not charge the commission of any offense, because, as contended in the demurrer, the alcoholic-beverage control act of March 22; 1935 (Ga. L. 1935, p. 327), and the beer and wine acts of March 23, 1935 (Ga. L. 1935, pp. 73, 492), are unconstitutional and void for reasons stated, the alleged grounds of the invalidity of these statutes being substantially the same as those urged in the case of Cone v. State, 184 Ga. 316 (191 S. E. 250). Held:

1. Under the decision in the Gone case, supra, the court did not err in overruling the demurrers on all of such grounds. If any of these statutes are invalid, as contended, the previous law remained of force, under which the accusation alleged a misdemeanor offense, to wit, selling beer, and the allegation as to doing so without a license may be treated as surplusage. Shrouder v. State, 121 Ga. 615 (49 S. E. 702); Elsbery v. State, 12 Ga. App. 86 (76 S. E. 779). Accordingly, regardless of the validity or invalidity of any of these statutes, the accusation was not subject to demurrer as failing to allege the commission of any offense against the laws of this State, as contended in the demurrer; and it is unnecessary to pass upon the constitutionality of such statutes. Also, this court will not pass upon the constitutionality of an act of the General Assembly unless it is necessary to a proper decision of the case. McGill v. Osborne, 131 Ga. 541 (2) (62 S. E. 811); Carter v. Dominey, 157 Ga. 167 (121 S. E. 236); Mystyle Hosiery Shops Inc. v. Harrison, 171 Ga. 431 (3) (155 S. E. 765).

2. In the present case, the defendant demurred to the accusation upon the further ground, “that it does not state or show whether it is drawn for a violation of the statute of March 22, 1935, known as the aleoholbeverage control act, Georgia Laws 1935, page 327, or under the old prohibition act of 1915 and the act of 1917 amending and supplementing it. Defendant has a right to know under what statute or law he is being prosecuted.” There is no merit in this ground. An accusation or indictment need not show the law on which it is predicated. Griffin v. State, 115 Ga. 577 (41 S. E. 997).

3. The defendant demurred to the accusation upon the further grounds, “that it does not charge what beer defendant sold, the quantity he sold, kind he sold and to whom he sold it, and that said accusation is insufficient in law for said reasons. It does not put the defendant on notice as to what he is to meet, and for all of said reasons defendant asks the court to dismiss said accusation.” . Held, that the accusation was not subject to demurrer upon any of these grounds. Hancock v. State, 114 Ga. 439 (3), 443 (40 S. E. 317); Maddox v. State, 118 Ga. 32 (44 S. E. 806); Newman v. State, 101 Ga. 534 (2) (28 S. E. 1005); Shuler v. State, 125 Ga. 778 (3) (54 S. E. 689); Harris v. State, 21 Ga. App. 796 (95 S. E. 321).

No. 11798.

April 15, 1937.

M. T. Moon, for plaintiff in error.

L. L. Meadors, solicitor, contra.

4. The defendant also demurred to the accusation upon the following grounds: “that there is not any law in Georgia, or in Troup County, requiring the defendant to obtain a license to sell beer; there is not any provision in the law for obtaining license and the legislature can not delegate to the county commissioners of Troup County the authority to provide for a license and to fix the price. This would be delegating to the commissioners the authority to make laws.” The paper issued by municipal or county .authorities is a. mere permit revocable by them at their pleasure. The accusation was not subject to demurrer on any of these grounds. Ga. L. 1935, p. 73, §§ 7, 15A; Harbin v. Holcomb, 181 Ga. 800 (184 S. E. 603); Tate v. Seymour, 181 Ga. 801 (184 S. E. 598); Murray v. Ashburn, 182 Ga. 699 (186 S. E. 801); Georgia Railroad v. Smith, 70 Ga. 694; Southern Railway Co. v. Melton, 133 Ga. 277 (65 S. E. 665).

5. The evidence authorized the verdict, and the court did not err in refusing a new trial. Judgment affirmed.

All the Justices concur.