46 Ga. App. 782 | Ga. Ct. App. | 1933
J. C. Cavender was convicted of operating an automobile upon a public street and highway while under the influence of intoxicating liquors and drugs. The defendant made a motion for a new trial, based upon the general grounds and one special ground. The testimony of the chief of police was, in effect, that the accused was operating his automobile upon a named public street and highway, and that after passing the accused on said
The only special ground of the motion for a new trial is that the chief of police was permitted, over objection, to testify: “I found two full pints of whisky in the automobile on that occasion [the time of the arrest]; none of it had been used. Nothing had been taken out of the bottles; thej7 were plumb full. Mr. Cavender could not have drunk out of those bottles.” The objection to this .evidence was “That it does not throw any light on this case, and is not an issue in this case at all.” Movant assigns error on the admission of this testimony and says that the evidence “was prejudicial to movant, tended to convict movant on general principles, and does not come within the exceptions to the general rule of law that proof of the commission of a distinct and separate offense than the offense for which the defendant is being tried, is inadmissible.” In Wilson v. State, 173 Ch. 275 (160 S. E. 319), it was held: “Evidence of the commission of one crime is not admissible on the trial
The evidence authorized the verdict, and the motion for a new trial was properly overruled.
Judgment affirmed.