Tutt v. State

Stolz, Judge.

The defendant was tried and convicted on an indictment charging him with operating a motor vehicle while under the influence of intoxicants. A motion for new trial, on the general grounds only, was filed, heard, and overruled. The defendant appeals from the judgment and sentence and the overruling of the motion for new trial. Held:

While the evidence did not demand finding the defendant guilty of driving under the influence, it was sufficient to authorize his conviction.

The testimony of the state’s witness, Georgia State Patrolman Jerry Walker, showed that the defendant admitted…