Hart v. State

• Court: Georgia Court of Appeals
• Writing for the Court: LUKE
• Citation: Hart v. State, 26 Ga.App. 64, 105 S.E. 383 (Ga. App. 1920)
• Decision Date: 16 December 1920
• Docket Number: (No. 11730.)
• Parties: HART. v. STATE.

26 Ga.App. 64

105 S.E. 383

HART.

v.STATE.

(No. 11730.)

Court of Appeals of Georgia, Division No. 1.

Dec. 16, 1920.

(Syllabus by Editorial Staff.)

Error from City Court of Macon; Du Pont Guerry, Judge.

Obie Hart was convicted of operating a motor vehicle on a public highway while under the influence of intoxicating liquors, and he brings error. Affirmed.

H. F. Rawls and Walter J. Grace, both of Macon, for plaintiff in error.

Will Gunn, Sol., Roy W. Moore, Sol., and Harry S. Strozier, all of Macon, for the State.

LUKE, J. [1] 1. The act of 1915 making it a misdemeanor to operate a motor vehicle upon a public highway while under the influence of intoxicating liquors (Ga. L. Ex. Sess. 1915, p. 115) may be violated by one who partakes of such liquors, as well as by one who partakes of them until a state of drunkenness is reached. The court did not err in instructing the jury as complained of.

(a) In the trial of such a case, evidence tending to show that the operator of the vehicle had whisky about his person, or in the vehicle with him, is relevant, being a circumstance for consideration by the jury upon the issue as to the operator's use of intoxicating liquors.

2. There was evidence tending to show that, while operating an automobile at considerable speed, the accused attempted in a reckless manner to pass another car going in the same direction; that in so doing he lost control of his own machine to such an...