Cleveland v. State
4 Ga. App. 62 | Ga. Ct. App. | 1908
In a prosecution for tlie offense of being intoxicated on a public highway, the burden is upon the State to show that the road in question was in fact a public highway. Johnson v. State, 1 Ga. App. 195 (58 S. E. 265). This may be shown directly or circumstantially. See Central Ry. Co. v. Ross, 107 Ga. 74 (32 S. E. 904). There is no evidence of any character in the record as to whether the road upon which the defendant was alleged to have been intoxicated was a public highway or not. . Judgment reversed.