Home/Court of Appeals of Georgia/Austin v. State

Austin v. State

170 S.E. 86, 47 Ga. App. 191, 1933 Ga. App. LEXIS 338
CourtCourt of Appeals of Georgia
DecidedJuly 7, 1933
Docket23166
StatusPublished
Cited by13 cases

This text of 170 S.E. 86 (Austin v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Austin v. State, 170 S.E. 86, 47 Ga. App. 191, 1933 Ga. App. LEXIS 338 (Ga. Ct. App. 1933).

Opinion

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]*192charged, 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.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Burkhalter v. State
188 S.E.2d 166 (Court of Appeals of Georgia, 1972)
Flournoy v. State
128 S.E.2d 528 (Court of Appeals of Georgia, 1962)
Echols v. State
122 S.E.2d 473 (Court of Appeals of Georgia, 1961)
Bishop v. State
88 S.E.2d 746 (Court of Appeals of Georgia, 1955)
Harper v. State
86 S.E.2d 7 (Court of Appeals of Georgia, 1955)
Lyons v. State
81 S.E.2d 890 (Court of Appeals of Georgia, 1954)
King v. State
80 S.E.2d 493 (Court of Appeals of Georgia, 1954)
State v. Glanzman
202 P.2d 407 (Idaho Supreme Court, 1949)
State v. Boag
59 P.2d 396 (Oregon Supreme Court, 1936)
Parker v. State
185 S.E. 598 (Court of Appeals of Georgia, 1936)
Stegall v. State
185 S.E. 596 (Court of Appeals of Georgia, 1936)
Lanier v. State
183 S.E. 658 (Court of Appeals of Georgia, 1935)
Franklin v. State
179 S.E. 649 (Court of Appeals of Georgia, 1935)

Cite This Page — Counsel Stack

Bluebook (online)
170 S.E. 86, 47 Ga. App. 191, 1933 Ga. App. LEXIS 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/austin-v-state-gactapp-1933.