Painter v. State

Court of Appeals of Georgia

Painter v. State

112 S.E.2d 704, 101 Ga. App. 21, 1960 Ga. App. LEXIS 773

CourtCourt of Appeals of Georgia

DecidedJanuary 14, 1960

Docket38062

StatusPublished

Cited by5 cases

This text of 112 S.E.2d 704 (Painter 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

Painter v. State, 112 S.E.2d 704, 101 Ga. App. 21, 1960 Ga. App. LEXIS 773 (Ga. Ct. App. 1960).

Pincite

Opinion

Gardner, Presiding Judge.

The defendant was convicted of driving an automobile while under the influence, of intoxicating liquors. His motion for new trial on the general grounds only was denied and it is to this judgment that the case is here for review.

This case is controlled by Gunder v. State, 95 Ga. App. 176 (97 S. E. 2d 381). In that case, as here, the defendant was not seen while engaged in the operation of the vehicle in which he was seated. In that case, as here, the defendant denied being drunk. There, as here, there is nothing to show the lapse of time between the defendant’s observed intoxication and his operation of the motor vehicle.

The evidence is not sufficient to show the defendant’s guilt to the exclusion of every other reasonable hypothesis.

Judgment reversed.

Townsend and Carlisle, JJ., concur. *22 Walter H. Bolling, for plaintiff in error. R. F. Chance, Solicitor-General, contra.

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