56 S.E.2d 924 | Ga. Ct. App. | 1949
The judgment is reversed for the reasons set out in the body of the opinion.
2. Special ground 2 assigns error because the court admitted, over objections of the defendant timely and duly made, a plea of guilty which the defendant had entered in the City Court of Statesboro to an accusation charging the defendant with operating *561
a motor vehicle under the influence of intoxicating liquors. This plea was entered on July 10, 1941. In admitting the plea of guilty of the defendant, the court stated that it was admitting such evidence "for the purpose of showing course of conduct and bent of mind of the defendant; this can be considered by you in determining his course of conduct and bent of mind so far as material in this case, but I do not admit it for the purpose of showing that he actually committed the crime charged." This testimony was erroneously admitted. It was too remote, and unconnected with the crime for which the defendant was being tried. It does not fall within one of the recognized exceptions to the rule that evidence as to an offense other than that charged against the defendant is not admissible. There are many decisions to this effect, but we will call attention only toPalmer v. State,
3. In the third special ground the defendant assigns error on the failure of the court to charge that "A person shall not be found guilty of any crime or misdemeanor committed by misfortune or accident, and where it satisfactorily appears that there was no evil design, or intention or culpable neglect." There was no request to charge this principle of law. The charge, as given, covered the issues in the case thoroughly. Under the facts, if the defendant had desired the above principle given in charge, he should have made a timely written request therefor. The court instructed the jury that, before they could find the defendant guilty of any offense, they must find that he was under the influence of whisky and was operating his automobile in that condition when he struck the truck and Mixon was thrown from the car. The defense of accident or misadventure was not directly involved under the evidence, as in the case of Conoly v.State,
Judgment reversed. MacIntyre, P. J., and Townsend, J., concur.