2021 Georgia Code
Title 3 - Alcoholic Beverages
Chapter 10 - Sale or Possession of Distilled Spirits in Dry Counties and Municipalities
§ 3-10-14. Evidence as to Color, Odor, Appearance, and Taste of Beverage Manufactured, Sold, or Disposed of by Defendant; Burden of Proof When Defendant Claims Beverage Not a Distilled Spirit

1. In all prosecutions against any persons for manufacturing, selling, offering for sale, keeping, or having or otherwise disposing of distilled spirits, it shall be competent for the state to give in evidence the fact that the beverage which the evidence may tend to show the defendant had manufactured, sold, bartered, exchanged, furnished, given away, or otherwise disposed of, possessed or possesses the same color, odor, and general appearance or the same taste, color, and general appearance of a distilled spirit.
2. The fact that a beverage in question is of the same color, odor, and general appearance or of the same taste, color, and general appearance as a distilled spirit shall constitute prima-facie evidence that the beverage is a distilled spirit.
3. If the defendant claims the beverage in question is not a distilled spirit even though it possesses the same color, odor, and general appearance or the same taste, color, and general appearance as a distilled spirit, the burden of proof shall be upon the defendant to establish to the reasonable satisfaction of the judge, court, or jury trying the case that the beverage in question is not a distilled spirit and that it is a beverage which is not prohibited by law to be manufactured, sold, offered for sale, or otherwise disposed of.
4. The rule of evidence provided in this Code section shall be applicable in all cases for the abatement of liquor nuisances and in all prosecutions for violations of this chapter when it becomes necessary to determine whether the beverage is a distilled spirit.

(Ga. L. 1915, Ex. Sess., p. 77, § 19; Code 1933, § 58-121; Code 1933, § 5A-7111, enacted by Ga. L. 1980, p. 1573, § 1.)

- Abatement of nuisances generally, T. 41, C. 2.

RESEARCH REFERENCES

Am. Jur. 2d.

- 45 Am. Jur. 2d, Intoxicating Liquors, § 306.

- 48 C.J.S., Intoxicating Liquors, §§ 571, 572, 573, 618 et seq. 48A C.J.S., Intoxicating Liquors, § 869.

- 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.

Criticism of attitude of the court or judge toward violations of liquor law as contempt, 58 A.L.R. 1001.

Admissibility and weight of testimony based on taste, sight, and smell as to unlawful content of liquor, 78 A.L.R. 439.

Admissibility, in prosecution for violation of intoxicating liquor law, of general reputation of person with whom defendant had dealings, as tending to show such violation, 83 A.L.R. 1401.

Admissibility, in prosecution for maintaining liquor nuisance, of evidence of general reputation of premises, 68 A.L.R.2d 1300.