Harper v. State

Headnote 1, when read in connection with the statement of facts, requires no elaboration.

In its instructions to the jury the trial court charged: “I also give you in charge the following law that will govern in this case:

“That part of section 68-307 of the Code of Georgia provides that no person shall operate a motor vehicle upon any public street or highway in this State whether as owner or operator of such vehicle, while under the influence of intoxicating liquors, or drugs.

“[1] In contemplation of law, an operator of'a motor vehicle on the public highways of this State is under the…