Bartley v. State

We do not ordinarily pass on the general grounds when we are reversing the case on special grounds, but here we might say that the evidence is not sufficient and conclusive to show that the defendant was guilty of driving while under the influence. Unless the evidence upon another trial is decidedly stronger against the defendant than it appears in the record now before us, no conviction will lie.

In support of the contention that the evidence supports the verdict, counsel for the State cites McGregor v. State, 89 Ga. App. 522 (80 S. E. 2d 67). In that case the evidence showed that the…