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Culver v. State

149 S.E. 292, 40 Ga. App. 273, 1929 Ga. App. LEXIS 127
CourtCourt of Appeals of Georgia
DecidedAugust 23, 1929
Docket19870
StatusPublished
Cited by4 cases

This text of 149 S.E. 292 (Culver 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
Culver v. State, 149 S.E. 292, 40 Ga. App. 273, 1929 Ga. App. LEXIS 127 (Ga. Ct. App. 1929).

Opinion

Broyles, C. J.

1. The demurrer to the indictment was properly overruled. Luke, J., dissents.

2. The accused was convicted of operating an automobile on the “Dixie Highway” in Whitfield county while he was under the influence of intoxicating liquors. This court will take judicial cognizance of the well known fact that the road or highway traversing this State known as the “Dixie Highway” is a public highway. It follows that the failure of the State to prove expressly that such highway was a public highway did not invalidate the verdict, and the charge of the court excepted to was not error.

3. The verdict was authorized by the evidence.

Judgment affirmed.

Bloochoorth, J., concurs. Luke, J., dissents from the ruling in paragraph 1. W. B. Mann, W. Gordon Mann, for plaintiff in error, cited: John G. Mitchell, solicitor-general, contra.

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Related

Bond v. State
122 S.E.2d 310 (Court of Appeals of Georgia, 1961)
Jordan v. State
92 S.E.2d 528 (Supreme Court of Georgia, 1956)
Stewart v. State
171 S.E. 833 (Court of Appeals of Georgia, 1933)
Bowen v. State
170 S.E. 104 (Court of Appeals of Georgia, 1933)

Cite This Page — Counsel Stack

Bluebook (online)
149 S.E. 292, 40 Ga. App. 273, 1929 Ga. App. LEXIS 127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/culver-v-state-gactapp-1929.