King v. State

(After stating the foregoing facts.) Special ground 4 of the amended motion for a new trial contends that the trial court erred in failing to charge without request on the law of circumstantial evidence. The testimony of the State’s witnesses, both as to the defendant’s drunkenness and as to the speed and manner of his driving, was direct, not circumstantial evidence of these facts. Where circumstantial evidence alone is not relied upon, it is not error to fail to charge without request the principles of Code §§ 38-102 and 38-109 relating thereto. Strickland v. State, 167 Ga. 452 (1) (145 S.…