Baker v. State, 35678
| Decision Date | 18 May 1955 |
| Docket Number | No. 35678,No. 2,35678,2 |
| Citation | 92 Ga.App. 60,87 S.E.2d 644 |
| Parties | R. E. BAKER v. The STATE |
| Court | Georgia Court of Appeals |
Bobby Lee Cook, Summerville, for plaintiff in error.
Earl B. Self, Sol. Gen., Summerville, for defendant in error.
Syllabus Opinion by the Court
A verdict of guilty was returned against the defendant upon his trial under an indictment charging him with the commission of involuntary manslaughter, in that 'he did unlawfully use and operate a certain automobile, same being a motor vehicle, upon that certain public street and public highway of said State and County known as the Estelle Road, the said accused being then and there under the influence of intoxicating liquors, wines, beers and opiates, and did operate the said automobile at a rate of speed in excess of fifty-five miles per hour; and, while engaged in said unlawful acts, the said accused without any intention to do so killed one Henry Eugene Tucker, a human being, the said accused did drive the said automobile which the said accused was then and there operating and was then and there traveling in a westerly direction.' The trial court denied a motion for new trial in the case, based on the single groung that the allegata and probata were not in accord by the failure of the State to establish by competent evidence that the road on which the death occurred was a public street or public highway, and that is the sole question for determination presented by the bill of exceptions in this court.
1. The defendant is charged with the commission of involuntary manslaughter in the commission of unlawful acts, to wit, operating a motor vehicle on a public street of public highway known as the Estelle Road while under the influence of intoxicants and in excess of 55 miles per hour. These alleged unlawful acts are generally, though not absolutely, confined to the highways of this State, Code Ann.Supp. § 68-1601; Ga.L.1953, Nov.Sess., pp. 556, 564. If the criminality of an act depends upon the place where it is committed, the allegation of place is material; and variance between the allegata and probata is fatal. Johnson v. State, 1 Ga.App. 195(2), 58 S.E. 265. The indictment in the present case had charged that the unlawful acts which caused the defendant to commit involuntary manslaughter occurred at a particular place, on a public highway known as the Estelle Road; therefore, in order to establish the offense charged, the place where it was...
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Bond v. State, 38999
...that the road in question is a 'paved road' in Franklin County is not sufficient to prove that such road is a public road. Baker v. State, 92 Ga.App. 60, 87 S.E.2d 644. Under the authority of Williams v. State, 96 Ga.App. 833, 101 S.E.2d 747, supra, and Baker v. State, 92 Ga.App. 60, 87 S.E......
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Jordan v. State, 19276
...and the proof is fatal.' Johnson v. State, 1 Ga.App. 195, 58 S.E. 265; Isenhower v. State, 88 Ga.App. 726, 77 S.E.2d 843; Baker v. State, 92 Ga.App. 60, 87 S.E.2d 644. Under the present law, the offense of driving a vehicle under the influence of intoxicants may be committed 'upon highways ......
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Craig v. State
...(2005). 7. (Citations and punctuation omitted.) Jordan v. State, 212 Ga. 337, 340(1), 92 S.E.2d 528 (1956). But see Baker v. State, 92 Ga.App. 60, 61(1), 87 S.E.2d 644 (1955) (state failed to prove Estelle Road was a public ...
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Dockery v. State, 36659
...and the proof is fatal.' Johnson v. State, 1 Ga.App. 195 , 58 S.E. 265; Isenhower v. State, 88 Ga.App. 732, 77 S.E.2d 834; Baker v. State, 92 Ga.App. 60, 87 S.E.2d 644. 'Under the present law, the offense of driving a vehicle under the influence of intoxicants may be committed 'upon highway......