Lester v. State, 24572.
| Decision Date | 19 April 1935 |
| Docket Number | No. 24572.,24572. |
| Citation | 51 Ga.App. 146,179 S.E. 869 |
| Parties | LESTER. v. STATE. |
| Court | Georgia Court of Appeals |
Syllabus by Editorial Staff.
Error from Superior Court, Bibb County; Louis L. Brown, Judge.
Leroy Lester brings error.
Affirmed.
R. Douglas Peagin, of Macon, and J. E. Feagin, of Atlanta, for plaintiff in error.
Chas. H. Garrett, Sol. Gen., of Macon, for the State.
Syllabus Opinion by the Court.
There is no special demurrer to the indictment, and, reduced to its last analysis, the sole question presented by the general demurrer is whether or not the following part of the motor vehicle law (Ga. Laws 1927, pp. 236, 237, § 12 (d), Code 1933, § 68-303 (d) is so vague and indefinite as to be void: "An operator of a vehicle overtaking another vehicle going in the same direction, and desiring to pass the same, shall pass to the left of the vehicle overtaken: Provided, that the way ahead is clear of approaching traffic, but if the way is not clear he shall not pass unless the width of the roadway is sufficient to allow his vehicle to pass to the right of the center thereof in the direction in which his vehicle is moving." Held, that the only part of the statute subject to attack for indefinite-ness, to wit, the phrase "clear of approaching traffic, " is not so vague and indefinite as to invalidate the statute, and that the court did not err in overruling the demurrer to the indictment. Ray v. State, 47 Ga. App. 22, 169 S. E. 538.
Judgment affirmed.
To continue reading
Request your trial
-
State v. Wojahn
...indefinite to be capable of enforcement.' The application for certiorari was denied by the Supreme Court in that case. In Lester v. State, 51 Ga.App. 146, 179 S.E. 869, citing the Ray case as authority, it was held: 'There is no special demurrer to the indictment and, reduced to its last an......
-
State v. Coppes
...decisions criticising it. The Ray case upheld a section of the motor vehicle statute as not being void for vagueness, and Lester v. State, 51 Ga.App. 146, 179 S.E. 869, citing the Ray case as authority, did likewise, and Collins v. State, 51 Ga.App. 147, 179 S.E. 869, ruled in accord with t......