9 Ga. App. 430 | Ga. Ct. App. | 1911
The accused was convicted of being drunk on a public highway. The offense is strictly statutory, and it is necessary in the prosecution thereof for the State to show, not merely that the accused was drunk upon some road or passageway over which the public might more or less frequently pass, but that the road was, at the time of the offense, a public highway, within the legal meaning of the term. Johnson v. State, 1 Ga. App. 195 (58 S. E. 265).
IVhile continuity of possession is an element of adverse possession, still this element of continuity need not exist as to any one person. or corporation, public or private; but all such periods of possession as are in eommunitji' of interest and are not adverse to each other may.be tacked. There is such a community of interest ■ — -such a privity, so to speak — between the municipal authorities of an incorporated town and the county authorities of the county in which the town is located, as to such county roads as by reason of the incorporation of the town become city streets, and as to such
Judgment affirmed.