Culver v. State
| Decision Date | 23 August 1929 |
| Docket Number | 19870. |
| Citation | 149 S.E. 292,40 Ga.App. 273 |
| Parties | CULVER v. STATE. |
| Court | Georgia Court of Appeals |
Syllabus by Editorial Staff.
Court of Appeals will take judicial cognizance of fact that "Dixie Highway" is a public highway, and state's failure to expressly prove such fact did not invalidate conviction for operating automobile on such highway while under influence of intoxicating liquor.
Error from Superior Court, Whitfield County; C. C. Pittman, Judge.
Lee Culver was convicted of operating an automobile on the Dixie Highway while under the influence of intoxicating liquor, and he brings error. Affirmed.
Wm. E. Mann and W. Gordon Mann, both of Dalton, for plaintiff in error.
John C. Mitchell, Sol. Gen., of Dalton, for the State.
Syllabus OPINION.
1. The demurrer to the indictment was properly overruled. Luke, J., dissents.
2. The accused was convicted of operating an automobile on the "Dixie Highway" in Whitfield county while he was under the influence of intoxicating liquors. This court will take judicial cognizance of the well-known fact that the road or highway traversing this state, known as the "Dixie Highway," is a public highway. It follows that the failure of the state to prove expressly that such highway was a public highway did not invalidate the verdict, and the charge of the court excepted to was not error.
3. The verdict was authorized by the evidence.
Judgment affirmed.
LUKE, J., dissents from the ruling in paragraph 1.
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