Flanders v. State

Carlisle, Judge.

1. While, ordinarily, “if the criminality of an act depends upon the place where it is committed, the allegation of place is material” (Johnson v. State, 1 Ga. App. 195 (2), 58 S. E. 265), and, while under the law as it stood prior to the 1953 act, it was essential that an accusation or an indictment charging one with the offense of operating a motor vehicle under the influence of intoxicants should allege the place where the offense occurred, that is, whether upon a public street or highway, or upon any private street or private property of the State (Isenhower v. State, 88…