
    Huby v. The State.
    Submitted May 21, —
    Decided June 5, 1900.
    Indictment for selling liquor without license. Before Judge Robinson. City court of Wrightsville. April term, 1900.
    
      O. L. Little and R. B. Blount, for plaintiff in error.
    
      William Faircloth, solicitor, contra.
   Little, J.

While the loan of a specified quantity of whisky obtained by the borrower for his- own consumption, on a promise to return to the lender a similar quantity of the same kind of liquor, may be classed as a sale under the provisions of section 2944 of the Civil Code, yet it is not such a sale as falls within the operation of the statute which prohibits the sale of spirituous liquors without a license. Skinner v. State, 97 Ga. 690.

Judgment reversed.

All the Justices concurring, except Fish, J., absent.  