Franklin v. State

Court of Appeals of Georgia

Franklin v. State

179 S.E. 649, 51 Ga. App. 98, 1935 Ga. App. LEXIS 577

CourtCourt of Appeals of Georgia

DecidedApril 8, 1935

Docket24685

StatusPublished

Cited by1 cases

This text of 179 S.E. 649 (Franklin 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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Franklin v. State, 179 S.E. 649, 51 Ga. App. 98, 1935 Ga. App. LEXIS 577 (Ga. Ct. App. 1935).

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Opinion

Guerry, J.

While it is necessary in the prosecution of one for operating an automobile when under the influence of some intoxicant to prove that he dids operate the automobile (Austin v. State, 47 Ga. App. 191, 170 S. E. 86), yet this may be proved either by direct or circumstantial evidence; and there were sufficient circumstances, together with admissions of the defendant, for the jury to conclude that he did operate the automobile as charged.

Judgment affirmed:

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

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Guerry, J.

While it is necessary in the prosecution of one for operating an automobile when under the influence of some intoxicant to prove that he dids operate the automobile (Austin v. State, 47 Ga. App. 191, 170 S. E. 86), yet this may be proved either by direct or circumstantial evidence; and there were sufficient circumstances, together with admissions of the defendant, for the jury to conclude that he did operate the automobile as charged.

Judgment affirmed:

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

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179 S.E. 649, 51 Ga. App. 98, 1935 Ga. App. LEXIS 577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franklin-v-state-gactapp-1935.

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