Hart v. State
Court of Appeals of Georgia
Accusation of misdemeanor; city court of Macon — Judge Guerry. July 2, 1920. Hart was convicted on an accusation which charged him with having operated an automobile upon a public highway while under the influence of intoxicating liquors.
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Accusation of misdemeanor; city court of Macon — Judge Guerry. July 2, 1920. Hart was convicted on an accusation which charged him with having operated an automobile upon a public highway while under the influence of intoxicating liquors. The first special ground of his motion for a new trial is that the court charged the jury that “in contemplation of law an operator of a motor-vehicle on the. public highway is under the influence of intoxicating liquor when he is so affected by intoxicating liquor as to make it less safe for him to operate such vehicle than it would be if he was not…
1Opinion of the CourtLuke, J.
1. The act of 1915 making it a misdemeanor to operate a motor-vehicle upon a public highway while under the influence of intoxicating liquors (Ga. L. Ex. Sess. 1915) may be violated by one who partakes of such liquors, as well as by one who partakes of them until a state of drunkenness is reached. The court did not err in instructing the jury as complained of.
2. In the trial of such a case, evidence tending to show that the operator of the vehicle had whisky about Ms person, or in the vehicle with him, is relevant, being a circumstance for consideration by the jury upon the issue as to the…
2Cited by17 opinions
- Hasten v. StateArizona Supreme Court · 1929
- People v. EkstromerCalifornia Court of Appeal · 1925
- Daniels v. StateTennessee Supreme Court · 1927
- Harper v. StateCourt of Appeals of Georgia · 1955
- Austin v. StateCourt of Appeals of Georgia · 1933
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