Spence v. State

As to the charge of drunken driving, the prosecutor’s testimony was as follows: “When he came back up there I had a chance to observe his condition with reference to being under the influence of alcohol; he was in no state to drive a car.” Another witness for the State testified, “When I got there I saw George Spence, he was there when I got there. I saw Sgt. Powell when I got there, he was standing there talking to George. I observed George Spence’s condition as to being drunk, he was drinking.” It is held in Durham v. State, 166 Ga. 561 (3) (144 S. E. 109), that the opinion of a witness who…