25 Ga. App. 665 | Ga. Ct. App. | 1920
The indictment against the plaintiff in error charged that he did “have, control, and possess certain spirituous etc., liquors. On the trial of the case one witness swore : “’Mr. Graham was cursing, and from his actings and conduct I am pretty sure he was drinking. . . My opinion is that he was under the influence of intoxicating liquors. Another witness swore that he told the accused that he was “too full to be on the streets; that he smelled the breath of the accused and “it
Under this ruling the above-quoted charge was error, a new trial is imperative, and the other grounds of the motion for a new trial need not be considered.
Judgment reversed.