Grier v. State

• Decision Date: 28 June 1945
• Docket Number: 30917.
• Citation: 34 S.E.2d 642,72 Ga.App. 633
• Parties: GRIER v. STATE.
• Court: Georgia Court of Appeals

34 S.E.2d 642

72 Ga.App. 633

GRIER v. STATE.

No. 30917.

Court of Appeals of Georgia, Division No. 1.

June 28, 1945

Syllabus by the Court.

1. Where the accused is charged with operating an automobile truck on the public highway while under the influence of intoxicating liquor, the jury are not confined to a simple narrative of the acts or facts, as detailed by the witnesses, in forming their opinion as to whether the defendant was under the influence of intoxicating liquor.

2. Where a witness who satisfactorily shows that he had an opportunity to observe and did observe a person's condition, he may state whether such person was under the influence of intoxicating liquors, as a statement of fact actually observed by the witness.

3. Where the answer of a witness is that the defendant was under the influence of intoxicating liquor, the jury is authorized to say that since the observed matter in issue can not be so fully and accurately described as to put the jury completely in the place of the testifying witness, thus enabling the jurors to draw the inference equally as well as the witness they may determine the condition of the defendant from the direct testimony of the witness who observed him, rather than from a subsequent description of his conduct by the witness.

Benj. B. Garland, of Atlanta, and W. E. Watkins, of Jackson, for plaintiff in error.

Frank B. Willingham, Sol. Gen., of Forsyth, for defendant in error.

MacINTYRE Judge.

1. The evidence authorized a verdict finding the defendant guilty of driving the truck on a public highway while under the influence of intoxicating liquor. The evidence for the State as given by a witness, was substantially as follows: 'At the time in question I saw the defendant, Ike Grier, driving the truck on the public highway in question. What attracted my attention was the speed at which he passed me, and there were several women in the back of the truck, and I stopped him and found he had been drinking. I stopped him about John Willie M_____'s place on the highway, between here and Indian Springs. He was coming this way towards Mr Watkin's home. When I stopped him Ike Grier was driving the truck; he was drinking; he had too much to be driving; he was under the influence of drinks at that time. I did not find any liquor of any kind, or beer, in the car. I made a case against him at that time. My sister-in-law was with me Mrs. John L. Coleman. She is not here today; she has gone to Atlanta. That happened in Butts County. I tell the jury he was under the influence of liquor, and I did not think...