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Austin v. State

Austin v. State, 170 S.E. 86 (Ga. Ct. App. 1933)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
July 7, 1933
Docket
No. 23166
Judges
Guerry
Citations
170 S.E. 8647 Ga. App. 1911933 Ga. App. LEXIS 338
Cited by 13

Opinion of the Court — Guerry

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

Guerry, J.

1. “It is not necessary for the State to show that the accused was drunk, but it is sufficient if the State shows, beyond a reasonable doubt, that the accused was under the influence of some intoxicant as *192 charged, to any extent whatsoever, whether drunk or not.” Hart v. State, 26 Ga. App. 64 ( 105 S. E. 383 ) ; Chapman v. State, 40 Ga. App. 725 ( 151 S. E. 410 ).

Decided July 7, 1933. Alec Harris, for plaintiff in error. James F. Kelly, solicitor-general, J. R. Rosser, contra.

2. It would make no difference to one charged with operating an automobile over a public highway of this State while under the influence of intoxicating liquor that he had just gotten under the wheel of the car and had gone only a few yards when he was stopped by the officers and arrested. Such act would come within the meaning of the word “operation” as used in the statute prohibiting the above offense. See Ga. Laws, 1927, p. 238.

3. The evidence as to the condition of the accused was in conflict. The jury returned a verdict of guilty, which settled this issue. The verdict has the approval of the trial judge, and this court finds no reason to reverse the judgment.

4. The court, therefore, did not err in overruling the motion for a> new trial.

Judgment affirmed,.

Broyles, O. J., amd MacIntyre, J., concur.

How later courts describe this case

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

Cited by 13 cases

View all citing references →
1935: 21936: 31949: 11954: 21955: 21961: 11962: 11972: 119352026peak 1936 · 3

Relies on it most ⓘ

  1. Harper v. State86 S.E.2d 7 (Ga. Ct. App. 1955)
  2. Flournoy v. State128 S.E.2d 528 (Ga. Ct. App. 1962)
  3. State v. Glanzman202 P.2d 407 (Idaho 1949)
  4. State v. Boag59 P.2d 396 (Or. 1936)
  5. Bishop v. State88 S.E.2d 746 (Ga. Ct. App. 1955)
  6. Echols v. State122 S.E.2d 473 (Ga. Ct. App. 1961)

Most recent

  1. Burkhalter v. State188 S.E.2d 166 (Ga. Ct. App. 1972)
  2. Flournoy v. State128 S.E.2d 528 (Ga. Ct. App. 1962)
  3. Echols v. State122 S.E.2d 473 (Ga. Ct. App. 1961)
  4. Bishop v. State88 S.E.2d 746 (Ga. Ct. App. 1955)
  5. Harper v. State86 S.E.2d 7 (Ga. Ct. App. 1955)
  6. Lyons v. State81 S.E.2d 890 (Ga. Ct. App. 1954)

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 2

DepthCaseCited by
Hart v. State, 105 S.E. 383 (Ga. Ct. App. 1920) 17
Chapman v. State, 151 S.E. 410 (Ga. Ct. App. 1930) 11

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