Gaines v. State

Felton, J. and Townsend, J.,

dissenting. It is our opinion that a statute seeking; to make penal the act or offense of operating a motor vehicle which is not at all times “equipped with efficient and serviceable brakes” is, under the decisions of our Supreme Court in Hayes v. State, 11 Ga. App. 371 (75 S. E. 523) and Howard v. State, 151 Ga. 845 (108 S. E. 513) so indefinite as to render that part of the statute void. Our Supreme Court in the latter case quoted with approval the following language from the Hayes case: “What rate of speed is reasonable and proper? Who should determine this…