Barlow v. State

Court of Appeals of Georgia

Barlow v. State

280 S.E.2d 899, 158 Ga. App. 500, 1981 Ga. App. LEXIS 2272

CourtCourt of Appeals of Georgia

DecidedMay 8, 1981

Docket61812

StatusPublished

Cited by4 cases

This text of 280 S.E.2d 899 (Barlow 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.

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Barlow v. State, 280 S.E.2d 899, 158 Ga. App. 500, 1981 Ga. App. LEXIS 2272 (Ga. Ct. App. 1981).

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Opinion

Deen, Presiding Judge.

This appeal concerns only the sufficiency of evidence to support a verdict of guilty of driving while intoxicated. The state’s main witness, an officer with three years experience, followed the defendant’s automobile and when it was stopped in the latter’s driveway, had him alight from the car. The defendant had a marked smell of alcohol, slurred speech, was slow in movement, and in the officer’s opinion was highly intoxicated. He was offered and refused an intoximeter test. The evidence was sufficient to support the conviction. Garrett v. State, 146 Ga. App. 610 (247 SE2d 136) (1978). It has often been held that testimony by one in a position to observe the fact that another was intoxicated is not a mere conclusion but positive evidence. Wells v. State, 110 Ga. App. 507 (139 SE2d 151) (1964); Johnson v. State, 69 Ga. App. 377 (1) (25 SE2d 584) (1943).

Judgment affirmed.

Banke and Carley, JJ., concur. *501 Decided May 8, 1981. Hulane E. George, for appellant. Joseph H. Briley, District Attorney, for appellee.

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Deen, Presiding Judge.

This appeal concerns only the sufficiency of evidence to support a verdict of guilty of driving while intoxicated. The state’s main witness, an officer with three years experience, followed the defendant’s automobile and when it was stopped in the latter’s driveway, had him alight from the car. The defendant had a marked smell of alcohol, slurred speech, was slow in movement, and in the officer’s opinion was highly intoxicated. He was offered and refused an intoximeter test. The evidence was sufficient to support the conviction. Garrett v. State, 146 Ga. App. 610 (247 SE2d 136) (1978). It has often been held that testimony by one in a position to observe the fact that another was intoxicated is not a mere conclusion but positive evidence. Wells v. State, 110 Ga. App. 507 (139 SE2d 151) (1964); Johnson v. State, 69 Ga. App. 377 (1) (25 SE2d 584) (1943).

Judgment affirmed.

Banke and Carley, JJ., concur. *501 Decided May 8, 1981. Hulane E. George, for appellant. Joseph H. Briley, District Attorney, for appellee.

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280 S.E.2d 899, 158 Ga. App. 500, 1981 Ga. App. LEXIS 2272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barlow-v-state-gactapp-1981.

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