Bowen v. State

ON MOTION TOR REHEARING.

Broyles, C. J.

The indictment alleged that the defendant, at the time of the commission of the offense charged, was operating a motor-vehicle on “that road or highway known as the Dixie Highway, being State Boute number three, at a speed in excess of forty miles per hour.” In a motion for a rehearing the plaintiff in error alleges that no evidence was adduced upon the trial showing that he was operating the automobile upon the '‘Dixie Highway,” as charged in the indictment. There is no merit in this contention. While no witness stated, in totidem verbis, that the…