Duncan v. State

Frankum, Judge.

1. It is readily apparent that the evidence did not authorize the charge (Code (Ann.) § 68-1625) as no blood test was given the defendant. Therefore, no presumption could arise under the statute because there was no evidence to show the contents of alcohol, if any, in the defendant’s blood. “A statement in the charge of the court not adjusted to the evidence is not reversible error when it is harmless and not prejudicial to the losing party.” Savannah Elec. Co. v. Joseph, 25 Ga. App. 518 (4) (103 S. E. 723). In Pelham Mfg. Co. v. Powell, 6 Ga. App. 308, 314 (64 S. E. 1116) the…