Clark v. State, (No. 17073.)

• Decision Date: 14 April 1926
• Docket Number: (No. 17073.)
• Parties: CLARK. v. STATE.
• Court: Georgia Court of Appeals

35 Ga.App. 241

132 S.E. 650

CLARK.

v.STATE.

(No. 17073.)

Court of Appeals of Georgia,

Division No. 1.

April 14, 1926.

(Syllabus by Editorial Staff.)

Error from Superior Court, Chatham County; P. W. Meldrim, Judge.

B. C. Clark was convicted of involuntary manslaughter, and he brings error. Affirmed.

Oliver & Oliver, of Savannah, for plaintiff in error.

Walter C. Hartridge, Sol. Gen., of Savannah, for the State.

Syllabus Opinion by the Court.

LUKE, J. [1] 1. The jury were, upon conflicting evidence, authorized to convict the defendant upon the second count, which charged him with involuntary manslaughter, for that he killed one Nora Nesmith without any intention to do so, but in the commission of an unlawful act, to wit, the driving of a motor vehicle on a public highway while under the influence of intoxicating liquor. There was ample evidence that the killing of the deceased was the result of the defendant's driving a truck on the public highway while intoxicated.

2. When the charge of the court is considered in its entirety, no reversible error appears therein.

3. The court did not err in permitting a witness to testify that a certain road was a "public highway." See Long v. State, 32 Ga. App. 451 (2), 452, 124 S. E. 110.

4. The court properly overruled the motion for a new trial.

Judgment affirmed.

BROYLES, C. J., concurs.

BLOODWORTH, J., not participating on account of sickness.