Isenhower v. State

1. Code § 68-307 as amended by the act of 1947 (Ga. L. 1947, p. 230) makes it a misdemeanor to operate a motor vehicle while under the influence of intoxicants, upon any “public street or highway, or any private way, private street, or private property in this State.” Accordingly, the criminality of the act depends in part upon the place where it is committed, and, this being so, the allegation of place is material, and variance between the allegation and the proof is fatal. Johnson v. State, 1 Ga. App. 195 (2) (58 S. E. 265). While allegations in an indictment wholly foreign to any element…