Cavender v. State, 23011.
Court | United States Court of Appeals (Georgia) |
Citation | 169 S.E. 253,46 Ga.App. 782 |
Docket Number | No. 23011.,23011. |
Parties | CAVENDER. v. STATE. |
Decision Date | 02 May 1933 |
Syllabus by the Court.
1. On the trial of one charged with driving an automobile on a public street and highway while under the influence of intoxicating liquors, evidence that two full pints of whisky were found in the defendant's automobile on said occasion was admissible, because it was so logically connected that it tended to prove or establish an element of the offense charged, viz., being under the influence of intoxicating liquors.
2:
3. The evidence authorized the verdict, no error of law is shown, and the court did not err in overruling the motion for a new trial.
Error from Superior Court, Walker County; James Maddox, Judge.
J. C. Cavender was convicted of operating an automobile upon a public street and highway while under the influence of intoxicating liquors and drugs, and he brings error.
Affirmed.
Horace Shattuck and Farlss & Eangford, all of La Fayette, for plaintiff in error.
James F. Kelly, Sol. Gen., of Rome, and J. Ralph Rosser, of La Fayette, for the State.
J. C. Cavender was convicted of operating an automobile upon a public street and highway while under the influence of intoxicating liquors and drugs. The defendant made a motion for a new trial based upon the general grounds and one special ground. The testimony of the chief of police was, in effect, that the accused was operating his automobile upon a named public street and highway, and that after passing the accused on said street he "turned around as soon as he could and went back in the direction of Mr. Cavender"; that the accused had stopped in front of a house; and that he got out and arrested the accused, who was in his car slumped over the wheel. The witness testified positively that the accused was drunk, giving the facts upon which he based this statement. A policeman who was with the chief of police when he made the arrest testified also that the accused was drunk. The deputy sheriff testified that the accused was drunk when they brought him to the jail on that occasion. In the case of Durham v. State, 166 Ga. 561, 562(3), 144 S. E. 109, 110, it was said that: The facts recited in that case are very similar to the facts in the present case, and the law therein...
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Stewart v. State, 23750.
...driven, it would "wobble." The state cites the case of Durham v. State, 166 Ga. 561, 144 S. E. 100, which is quoted in Cavender v. State, 46 Ga. App. 782, 169 S. E. 253, as authority for upholding the conviction of the defendant The Durham Case, supra, states a correct rule--that a witness ......
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Parker v. State, 25100.
...561 (3) 144 S.E. 109; Chapman v. State, 40 Ga.App. 725 (2), 151 S.E. 410; Moye v. State, 46 Ga. App. 727, 169 S.E. 59; Cavender v. State, 46 Ga.App. 782, 169 S.E. 253; Austin v. State, 47 Ga.App. 191, 170 S.E. 86. Judgment affirmed. BROYLES, C J., and GUERRY, J., ...
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Cavender v. State
...169 S.E. 253 46 Ga.App. 782 CAVENDER v. STATE. No. 23011.Court of Appeals of Georgia, First DivisionMay 2, 1933 . Syllabus. by the Court. . . In. prosecution for driving automobile while intoxicated,. testimony that two full pints of whisky were found in. accused's automobile at time of offense held. ......