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Nalls v. State

107 S.E. 354, 27 Ga. App. 38, 1921 Ga. App. LEXIS 664
CourtCourt of Appeals of Georgia
DecidedMay 11, 1921
Docket12249
StatusPublished
Cited by3 cases

This text of 107 S.E. 354 (Nalls 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
Nalls v. State, 107 S.E. 354, 27 Ga. App. 38, 1921 Ga. App. LEXIS 664 (Ga. Ct. App. 1921).

Opinion

Luke, J.

Where an indictment charges the accused with having driven an automobile along a named street at a rate of speed greater than thirty miles an hour, the evidence must show that it was along that street that the automobile was so driven, before a conviction would be authorized.' It will not suffice to show that the automobile was driven on another street and at a different place than that which is alleged in the indictment. The particular public highway or street on which the accused was alleged to have driven his automobile in violation of law was alleged in the indictment. The evidence failed to show this allegation to be- true. It was, therefore, error to overrule the motion for a new trial. See Burkes v. State, 7 Ga. App. 39 (65 S. E. 1091).

Judgment reversed.

Broyles, C. J., and Bloodworth, J.. concur.

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Related

Mitchell v. State
149 S.E.2d 172 (Court of Appeals of Georgia, 1966)
Dockery v. State
98 S.E.2d 123 (Court of Appeals of Georgia, 1957)
Waller v. State
53 S.E.2d 600 (Court of Appeals of Georgia, 1949)

Cite This Page — Counsel Stack

Bluebook (online)
107 S.E. 354, 27 Ga. App. 38, 1921 Ga. App. LEXIS 664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nalls-v-state-gactapp-1921.