Legal Opinion

Spence v. State

Court of Appeals of Georgia

Decided January 16, 1958No. 36969PublishedCited by 4 opinions

1Opinion of the Court

Carlisle, Judge.

1. Before a person charged with a particular crime can be convicted, the evidence must prove the corpus delicti. That is, the evidence must show not only that a crime has been committed, but that the defendant was the perpetrator of it. Bines v. States, 118 Ga. 320 (1) (45 S. E. 376, 68 L. R. A. 33); Gunder v. State, 95 Ga. App. 176 (97 S. E. 2d 381).

2. In the prosecution of one charged with the offense of operating a motor vehicle on the public highways of the State under the influence of intoxicating liquors or drugs, it is essential that the evidence show not only that the…

2Cases cited4 opinions

  1. Bines v. StateSupreme Court of Georgia · 1903
  2. Gunder v. StateCourt of Appeals of Georgia · 1957
  3. Stewart v. StateCourt of Appeals of Georgia · 1934
  4. Welch v. StateCourt of Appeals of Georgia · 1936

3Cited by4 opinions

  1. Roberts v. StateCourt of Appeals of Georgia · 1984
  2. Schofill v. StateCourt of Appeals of Georgia · 1987
  3. Laminack v. StateCourt of Appeals of Georgia · 1991
  4. Parrish v. StateCourt of Appeals of Georgia · 1964

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