Fincannon v. State

Judgment affirmed.

The plaintiff in error was indicted for failing to register with the ordinary of Coweta county, and to pay the special tax required by law of a dealer in spirituous- and malt liquors. The court charged the'jury that,, under the facts agreed on, the defendant was a dealer-under the statute, and as such was guilty. A new trial was moved for and denied, and the defendant excepted. The agreed facts are: “ Defendant has given bond as-required of distillers by H. S. law; sells only distilled liquors of his own production, at the place of manufacture, in the original packages, to which tax stamps are fixed; sells from government warehouse only, and has no place of business for carrying on business of a dealer-in spirituous liquors, but sells to various dealers directly from his distillery; delivers it at depot or place of business of local dealers; sells only in original packages of ten gallons and upward; distillery in Coweta county; has. failed to register name and place of business with ordinary of Coweta county, and failed to pay tax required of dealers; whisky made of corn.”