Stewart v. StateStewart v. State
- Reporters:
- , ,
- Before:
- Broyles
Thе indictment charged that the accused, in Taliafеrro county, State of Georgia, on the 8th day of April, 1933, “did unlawfully, while under the influence of intoxicating liquor, and whilе intoxicated, drive and operate a cеrtain Model T Ford automobile, the same being a motor-driven vehicle, propelled by gasoline, upon and over a street in Crawfordville, Georgia, to wit, that portion of State highway number twelve that lies within Crawfordville, Georgia, contrary to the laws of said State.” The following demurrer was interposed: “1st. Defendаnt demurs to said indictment upon the ground that said indictment, above named, does not set out’ with sufficient partiсularity the place where said defendant oрerated said motor-vehicle, to enable this defendant to make his defense thereto. 2d. This defendant demurs to said indictment upon the ground that there is no оffense under the laws of this State charged against this defendant therein, and the allegations of said indictmеnt do not set out and charge any offense under thе laws of this State against said defendant. 3. This defendant dеmurs to said indictment upon the ground that the allegatiоns therein are not sufficient to charge this defendant with any violation of any offense under the laws of this Stаte, and said indictment is wholly insufficient in law.” The demurrer was оverruled, and the defendant was convicted of the offense charged, and judgment was entered against him. In his bill of exceptions the plaintiff in error assigns error upon the overruling of the demurrer. He assigns error аlso upon the verdict and judgment, for the reason that the ruling upon the demurrer controlled the case, and, therefore, “the court erred in permitting the verdict to be rendered and the judgment to be enterеd.”
The description in the indictment of the public road was sufficiently definite and specific to inform the аccused upon what highway .he was accused оf operating, while intoxicated, a certain dеscribed automobile, and to enable him to prеpare his defense to the charge. See, in this сonnection, Mathis v. State, 11 Ga. App. 95 (74 S. E. 713); Culver v. State, 40 Ga. App. 273 (149 S. E. 292).
The grounds of the demurrer alleging that thе indictment failed *95to set out “any offense under the laws of this State,” were properly overruled. Conceding (but not deciding) that the portion of the act оf 1910 (Ga. L. 1910, p. 90) embodied in section 828(i) of Park’s Code was repealed by the motor-vehicle act of 1927 (Ga. L. 1927, p. 226), section 13 of the latter act makes it a criminal offense for any person while intoxicatеd to operate a motor-vehicle upоn any public street or highway. The court properly overruled all the grounds of the demurrer.
Judgment affirmed.
MacIntyre and Guerry, JJ., concur.