49 Ga. App. 332 | Ga. Ct. App. | 1934
The defendant was convicted for driving an automobile upon a named public highway in Crawfordville, Georgia, “while under the influence of intoxicating liquor and while intoxicated.” He moved for-a new trial upon the general grounds only, the motion was overruled, and he excepted.
P. E. Rhodes, chief of police and the prosecutor, testified: that about 10 o’clock on the morning of April 8, 1933, the defendant drove a motor-car upon a public highway within the corporate
Q-. 3?. Richards, the officer who assisted the chief of police and who was night chief, testified that he was on duty in the afternoon of the above date, and that about 2 o’clock of that afternoon the defendant drove up a street of the city and parked his car immediately opposite witness, got out, approached witness- and asked for the loan of fifty cents, was not intoxicated at the time, and showed no sign of being so; that he saw defendant half a dozen times after that until 8 o’clock that night, but observed nothing to indicate defendant was intoxicated; that the chief of police did not tell witness he was arresting defendant fox driving while intoxicated, but said only that he thought defendant was driving a liquor car and he wanted to search it; that defendant was not drunk or drinking when arrested; that defendant’s car was practically worthless and would not drive without “wobbling.”
A. H. Power testified: that he talked with defendant at noon of day of arrest and he was not intoxicated, had known defendant for years and never knew him to drink liquor; that he was present when defendant was arrested and defendant was not intoxicated or drinkiiig, nor was any liquor found. Overton Lunceford testified that he lived about half a mile from defendant, and was acquainted with his car, and, no matter how cautiously it was driven, it would “wobble.”
The State cites Durham v. State, 166 Ga. 561 (144 S. E. 109), quoted in Cavender v. State, 46 Ga. App. 782 (169 S. E. 253), as authority for upholding the conviction of the defendant. The Durham case, supra, states a correct rule, — that a witness who had suitable opportunities for observation and who was able to improve, that is, make good use of or employ advantageously those suitable opportunities, may state whether a person was intoxicated and the
Judgment reversed.