98 Ga. App. 825 | Ga. Ct. App. | 1959
1. On the .trial of the defendant for driving while under the influence of intoxicants, evidence that at about 9 p.m. or a little later on the evening in question the defendant drove up to the witness’ store and, while purchasing cigarettes, poured some liquor from a whisky bottle “fifth” into a Coca-Cola bottle, consumed about three drinks, appeared intoxicated, had a fit of crying and then vomited over the side of the car, and smelled of liquor; that he then drove
The case thus differs from Waters v. State, 90 Ga. App. 329 (83 S. E. 2d 25), cited by the plaintiff in error, where not only was the defendant not seen to, have been drinking or driving in a drunken condition before the collision, but he had an opportunity thereafter to become drunk, and there was no, testimony as to the time when the drinking occurred. The general grounds of the motion, for new trial are without merit. Code (Ann.) § 68-1625; Mons v. State, 84 Ga. App. 340 (66 S. E. 2d 159); McGregor v. State, 89 Ga. App. 522 (80 S. E. 2d 67); Wallace v. State, 44 Ga. App. 571 (162 S. E. 162).
2. A witness who, has testified to facts tending to show the degree of intoxication of the defendant may state that in his opinion, formed by observing the defendant, it was less safe for the latter to drive an automobile than if he had not been drinking. Murdock v. State, 96 Ga. App. 838 (101 S. E. 2d 746). “A witness who* had, and was able to, improve, suitable opportunities for observation, may state whether a person was intoxicated and -the extent of his intoxication.” Durham v. State, 166 Ga. 561 (3a) (144 S. E. 109); Cavender v. State, 46 Ga. App. 782 (2) (169 S. E. 253).
The trial court did not err in denying the motion for new trial.
Judgment affirmed.