Mathis v. State

Court of Appeals of Georgia

Mathis v. State

74 S.E. 713, 11 Ga. App. 95, 1912 Ga. App. LEXIS 272

CourtCourt of Appeals of Georgia

DecidedApril 16, 1912

Docket4079

StatusPublished

Cited by1 cases

This text of 74 S.E. 713 (Mathis 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

Mathis v. State, 74 S.E. 713, 11 Ga. App. 95, 1912 Ga. App. LEXIS 272 (Ga. Ct. App. 1912).

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Opinion

Russell, J.

1. The description of the public road was sufficiently specific and. definite. It was necessary that the accused be apprised of the public road upon which he was accused of being intoxicated, but this requirement was complied with when he was informed that it was a public road passing the residences of two named landowners and citizens.

2. The fact that a road is a public highway may be proved in any one of four ways. Johnson v. State, 1 Ga. App. 195 (58 S. E. 265). The evidence of dedication in the present case is clear and direct, and, in addition, the circumstance that the road was worked by convicts under the direction of the county authorities is sufficient to authorize the inference that it had been formally laid out and adopted as a public road by the county authorities.

3. The evidence authorized the conviction. Judgment affirmed.

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Russell, J.

1. The description of the public road was sufficiently specific and. definite. It was necessary that the accused be apprised of the public road upon which he was accused of being intoxicated, but this requirement was complied with when he was informed that it was a public road passing the residences of two named landowners and citizens.

2. The fact that a road is a public highway may be proved in any one of four ways. Johnson v. State, 1 Ga. App. 195 (58 S. E. 265). The evidence of dedication in the present case is clear and direct, and, in addition, the circumstance that the road was worked by convicts under the direction of the county authorities is sufficient to authorize the inference that it had been formally laid out and adopted as a public road by the county authorities.

3. The evidence authorized the conviction. Judgment affirmed.

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Bluebook (online)

74 S.E. 713, 11 Ga. App. 95, 1912 Ga. App. LEXIS 272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mathis-v-state-gactapp-1912.

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