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Mathis v. State

Mathis v. State, 74 S.E. 713 (Ga. Ct. App. 1912)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
April 16, 1912
Docket
No. 4079
Judges
Russell
Citations
74 S.E. 71311 Ga. App. 951912 Ga. App. LEXIS 272
Summary
Accusation of drunkenness on highway; from city court of Fitzgerald — Judge Wall. February 6, 1912.

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

Opinion of the Court — Russell

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

Russell, J.

1. The description of the public road was sufficiently specific and. definite. It was necessary that the accused be apprised of the public road upon which he was accused of being intoxicated, but this requirement was complied with when he was informed that it was a public road passing the residences of two named landowners and citizens.

2. The fact that a road is a public highway may be proved in any one of four ways. Johnson v. State, 1 Ga. App. 195 (58 S. E. 265). The evidence of dedication in the present case is clear and direct, and, in addition, the circumstance that the road was worked by convicts under the direction of the county authorities is sufficient to authorize the inference that it had been formally laid out and adopted as a public road by the county authorities.

3. The evidence authorized the conviction. Judgment affirmed.

How later courts describe this case

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

1933: 119332026peak 1933 · 1

Relies on it most ⓘ

  1. Stewart v. State171 S.E. 833 (Ga. Ct. App. 1933)

Most recent

  1. Stewart v. State171 S.E. 833 (Ga. Ct. App. 1933)

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 1

DepthCaseCited by
Johnson v. State, 58 S.E. 265 (Ga. Ct. App. 1907) 34

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