Moye v. State

Citation169 S.E. 59,46 Ga.App. 727
Decision Date13 April 1933
Docket NumberNo. 22927.,22927.
PartiesMOYE. v. STATE.
CourtUnited States Court of Appeals (Georgia)

Syllabus by Editorial Staff.

Error from City Court of Louisville; M. C. Barwick, Judge.

Frank Moye brings error.


R. N. Hardeman, Jr., of Louisville, for plaintiff in error.

R. G. Price, Sol., of Louisville, for the State.

Syllabus Opinion by the Court.

GUERRY, Judge.

1. On the trial of one charged with operating an automobile on a public highway while under the influence of intoxicating liquor, it is not necessary for the state, In order to secure a conviction, to show that the accused was drunk, but it is sufficient if the state shows, beyond a reasonable doubt, that the accused, while driving the car, was under the influence of some intoxicant as charged, to any extent whatsoever, whether drunk or not. Wallace v. State, 44 Ga. App. 571, 162 S. E. 162; Chapman v. State, 40 Ga. App. 725, 151 S. E. 410. See, also, James v. State, 45 Ga. App. 228, 164 S. E. 104.

2. This court will take judicial notice of the fact that "Federal Highway, No. 1, " in Jefferson county, Ga., is a public highway within the meaning of the Motor Vehi cle Act of 1927, § 13 (Ga. Laws 1927, p. 238); 1930 Michie's Code, § 1770 (60m). Federal highways are established by law. See Federal Highway Act (Nov. 9, 1921, c. 119, § 1 et seq., 42 Stat. 212); as amended (23 USCA § 1 et seq.), prescribing the method in which a state highway may become a federal project. This court must recognize as a matter of law the common and everyday knowledge of most men that federal aid would not be given to any other kind of road in this state, than a public highway.

3. There was no error in overruling the motion for a new trial; there being no special grounds, and the evidence amply supporting the verdict.

Judgment affirmed.

BROYLES, C. J., and MacINTYRE, J., concur.

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2 cases
  • Sims v. State
    • United States
    • United States Court of Appeals (Georgia)
    • 8 d3 Junho d3 1955
    ...whether drunk or not, as set forth in the cases of Chapman v. State, 40 Ga.App. 725(2) ; Wallace v. State, 44 Ga.App. 571 ; Moye v. State, 46 Ga.App. 727 ; Austin v. State, 47 Ga.App. 191 , and some other 'The foregoing cases are directly contradicted by and cannot be reconciled with the ci......
  • Parker v. State, 25100.
    • United States
    • United States Court of Appeals (Georgia)
    • 7 d4 Maio d4 1936
    ...writ of certiorari. See Durham v. State, 166 Ga. 561 (3) 144 S.E. 109; Chapman v. State, 40 Ga.App. 725 (2), 151 S.E. 410; Moye v. State, 46 Ga. App. 727, 169 S.E. 59; Cavender v. State, 46 Ga.App. 782, 169 S.E. 253; Austin v. State, 47 Ga.App. 191, 170 S.E. 86. Judgment affirmed. BROYLES, ......

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