Peterson v. State
Court of Appeals of Georgia
Accusation of misdemeanor; from city court of Albany — Judge Jones. April 18, 1913. The accusation charged that the defendant “did . . be and appear in an intoxicated condition on Washington and South streets, public streets and highways in the City of Albany, Georgia, which said drunkenness and intoxication was caused by the excessive use of intoxicating wines, beers, liquors, and opiates, and was made manifest by indecent condition and acting by reckless driving upon said…
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Accusation of misdemeanor; from city court of Albany — Judge Jones. April 18, 1913. The accusation charged that the defendant “did . . be and appear in an intoxicated condition on Washington and South streets, public streets and highways in the City of Albany, Georgia, which said drunkenness and intoxication was caused by the excessive use of intoxicating wines, beers, liquors, and opiates, and was made manifest by indecent condition and acting by reckless driving upon said streets and highways by said defendant.” The defendant demurred, on the grounds, that the accusation sets forth no…
1Opinion of the CourtRussell, J.
1. Under the rule of strict construction penal statutes can not be extended beyond their precise terms. Under the terms of section 442 of the Penal Code, “to be and appear in an intoxicated condition on any public street or highway” is unlawful only when the intoxication is “made manifest by boistei’ousness, or by indecent condition or acting, or by vulgar, profane, or unbecoming language, or loud and violent discourse of the person or persons so intoxicated or drunken;” and the law does not provide for the punishment of intoxication upon public streets which is not otherwise manifested than…
2Cited by8 opinions
- State of Georgia v. SchaferCourt of Appeals of Georgia · 1950
- Morris v. StateCourt of Appeals of Georgia · 1916
- Ramey v. StateCourt of Appeals of Georgia · 1929
- Mathis v. RowlandSupreme Court of Georgia · 1951
- Davis v. StateCourt of Appeals of Georgia · 1914
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