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Moye v. State

Moye v. State, 169 S.E. 59 (Ga. Ct. App. 1933)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
April 13, 1933
Docket
No. 22927
Judges
Gtjerry
Citations
169 S.E. 5946 Ga. App. 7271933 Ga. App. LEXIS 216
Cited by 8

Opinion of the Court — Gtjerry

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

Gtjerry, J.

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, Georgia, is a public highway within the meaning of the motor-vehicle act of 1927, section 13 (Ga. L. 1927, p. 238); Michie’s Code Supp. 1930, § 1770 (60 m). Federal highways are established by law. See Federal highway act (No. 9, 1921, c. 119, sec. *728 1, 42 Stat. 212 ) as amended, prescribing the method in which a State highway may become a Eederal project. This court must recognize as a matter of law the common and everyday knowledge of most men that Eederal aid would not be given to any other kind of road in this State than a public highway.

Decided April 13, 1933. B. N. Hardeman Jr., for plaintiff in error. B. G. Pnce, solicitor, contra.

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, O'. J., cmd MacIntyre, J., concur.

How later courts describe this case

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

Cited by 8 cases

View all citing references →
1934: 11936: 11938: 11955: 11961: 11970: 11972: 11975: 119342026peak 1934 · 1

Relies on it most ⓘ

  1. Harper v. State86 S.E.2d 7 (Ga. Ct. App. 1955)
  2. Georgia Southern & Florida Railway Co. v. Blanchard173 S.E.2d 103 (Ga. Ct. App. 1970)
  3. Bond v. State122 S.E.2d 310 (Ga. Ct. App. 1961)
  4. Liberty Mutual Insurance v. Bray222 S.E.2d 70 (Ga. Ct. App. 1975)
  5. Hall v. State198 S.E. 713 (Ga. Ct. App. 1938)
  6. Parker v. State185 S.E. 598 (Ga. Ct. App. 1936)

Most recent

  1. Liberty Mutual Insurance v. Bray222 S.E.2d 70 (Ga. Ct. App. 1975)
  2. Campbell v. Superior Court501 P.2d 57 (Ariz. Ct. App. 1972)
  3. Georgia Southern & Florida Railway Co. v. Blanchard173 S.E.2d 103 (Ga. Ct. App. 1970)
  4. Bond v. State122 S.E.2d 310 (Ga. Ct. App. 1961)
  5. Harper v. State86 S.E.2d 7 (Ga. Ct. App. 1955)
  6. Hall v. State198 S.E. 713 (Ga. Ct. App. 1938)

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 3

DepthCaseCited by
Chapman v. State, 151 S.E. 410 (Ga. Ct. App. 1930) 11
Wallace v. State, 162 S.E. 162 (Ga. Ct. App. 1932) 5
James v. State, 164 S.E. 104 (Ga. Ct. App. 1932) 5

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