Wallace v. State

• Docket Number: 21978.
• Decision Date: 12 January 1932
• Citation: 162 S.E. 162,44 Ga.App. 571
• Parties: WALLACE v. STATE.
• Court: Georgia Court of Appeals

162 S.E. 162

44 Ga.App. 571

WALLACE v. STATE.

No. 21978.

Court of Appeals of Georgia, First Division

January 12, 1932

Syllabus OPINION.

In prosecution for operating automobile under influence of liquor, conviction is authorized if accused was to some extent under influence of intoxicant.

Judgment denying new trial sought only on general grounds must be affirmed, if verdict was authorized by evidence and approved by court.

Error from Superior Court, Walker County; James Maddox, Judge.

Gordon Wallace brings error.

Affirmed.

R. M. W. Glenn, of La Fayette, for plaintiff in error.

M. Neil Andrews, Sol. Gen., and Horace D. Shattuck, both of La Fayette, for the State.

BROYLES, C.J.

1. Upon the trial of one charged with operating an automobile upon a public highway while under the influence of intoxicating liquors, 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." Chapman v. State, 40 Ga.App. 725(2), 151 S.E. 410, and citations.

2. Under the foregoing ruling and the facts of the instant case, the verdict was authorized, and, the finding of the jury having been approved by the trial judge, this court is without authority to reverse the judgment overruling the motion for a new trial, based upon the usual general grounds only.

Judgment affirmed.

LUKE, J., concurs.

BLOODWORTH, J., absent on account of illness.