James v. State, 22137.

• Decision Date: 30 April 1932
• Docket Number: No. 22137.,22137.
• Citation: 45 Ga.App. 228,164 S.E. 104
• Parties: JAMES . v. STATE.
• Court: Georgia Court of Appeals

45 Ga.App. 228

164 S.E. 104

JAMES .

v.STATE.

No. 22137.

Court of Appeals of Georgia, Division No. 1.

April 30, 1932.

Syllabus by Editorial Staff.

Error from City Court of Macon; C. H. Hall, Judge.

L. H. James was convicted of having operated an automobile on a public highway while under the influence of intoxicating liquors, and he brings error.

Affirmed.

Thos. A. Jacobs, Jr., of Macon, for plaintiff in error.

John Y. Roberts, Sol., of Macon, for the State.

Syllabus Opinion by the Court.

BBOYLES, C. J.

1. On the trial of one charged with having operated an automobile upon a public highway while under the influence of intoxicating liquors, the accused can lawfully be found guilty if the evidence authorizes a finding that he was driving an automobile on a public highway while he was so affected by intoxicating liquors as to make it less safe for him to operate the automobile than it would have been if he had not been so affected. Hart v. State, 26 Ga. App. 64(1), 105 S. E. 383; Chapman v. State, 40 Ga. App. 725(2), 151 S. E. 410.

2. In the instant case the judge, sitting without the intervention of a jury, was authorized to find from the evidence that, on the day charged in the accusation, the defendant operated an automobile on a public highway while under the influence of intoxicating liquors; and, as the motion for a new trial contained the usual general grounds only, the judgment must be, and is, affirmed.

JENKINS, P. J., and LUKE, J., concur.