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Brand v. State

Brand v. State, 112 S.E. 829 (Ga. 1922)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
June 15, 1922
Docket
No. 3183
Judges
Gilbert
Citations
112 S.E. 829153 Ga. 6391922 Ga. LEXIS 136
Summary
The Court of Appeals certified questions to which the headnotes constitute, answers.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Gilbert

Text extracted by OCR from a scanned original; check the original for exact wording.

Gilbert, J.

1. Where an accusation is drawn under section 442 of the Penal Code (1910), and it is alleged therein that the accused appeared in an intoxicated condition upon a public street, “ which said drunkenness and intoxication was caused by the excessive use of intoxicating wines, beers, liquors, or opiates,” the words just quoted cannot be treated as surplusage.

2. It follows from what is stated above, that where the accusation alleges that the defendant’s drunkenness was caused by the excessive use of intoxicating wines, beers, liquors, or opiates, and the evidence shows that the defendant was drunk upon the highway, which was manifested by staggering, by boisterousness, and by the use of profane and unbecoming language, the allegation as to the cause of the drunkenness of the defendant must be shown and proved as all other material allegations of indictments or accusations must be proved. It is not necessary to enumerate the different ways in which this can be shown. It is sufficient to say that it must be proved by either direct or circumstantial testimony “ sufficient to satisfy the mind and conscience beyond a reasonable doubt.” Penal Code, § 1013.

All the Justices concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1922: 11932: 11943: 11946: 11956: 11957: 119222026peak 1922 · 1

Relies on it most ⓘ

  1. Jordan v. State92 S.E.2d 528 (Ga. 1956)
  2. Dockery v. State98 S.E.2d 123 (Ga. Ct. App. 1957)
  3. Langford v. State26 S.E.2d 385 (Ga. Ct. App. 1943)
  4. Brand v. State113 S.E. 57 (Ga. Ct. App. 1922)
  5. Hutchinson v. State167 S.E. 205 (Ga. Ct. App. 1932)
  6. Riggs v. State39 S.E.2d 722 (Ga. Ct. App. 1946)

Most recent

  1. Dockery v. State98 S.E.2d 123 (Ga. Ct. App. 1957)
  2. Jordan v. State92 S.E.2d 528 (Ga. 1956)
  3. Riggs v. State39 S.E.2d 722 (Ga. Ct. App. 1946)
  4. Langford v. State26 S.E.2d 385 (Ga. Ct. App. 1943)
  5. Hutchinson v. State167 S.E. 205 (Ga. Ct. App. 1932)
  6. Brand v. State113 S.E. 57 (Ga. Ct. App. 1922)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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