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eBook details

• Title: Grier v. State
• Author : Court of Appeals of Georgia
• Release Date : January 28, 1945
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 46 KB

Description

1. The evidence authorized a verdict finding the defendant guilty of driving the truck on a public highway while under the influence of intoxicating liquor. The evidence for the State, as given by a witness, was substantially as follows: "At the time in question I saw the defendant, Ike Grier, driving the truck on the public highway in question. What attracted my attention was the speed at which he passed me, and there were several women in the back of the truck, and I stopped him and found he had been drinking. I stopped him about John Willie M s place on the highway, between here and Indian Springs. He was coming this way towards Mr. Watkinss home. When I stopped him, Ike Grier was driving the truck; he was drinking; he had too much to be driving; he was under the influence of drinks at that time. I did not find any liquor of any kind, or beer, in the car. I made a case against him at that time. My sister-in-law was with me, Mrs. John L. Coleman. She is not here to-day; she has gone to Atlanta. That happened in Butts County. I tell the jury he was under the influence of liquor, and I did not think it safe for him to drive the truck going like he was, at that speed. The reason I say he was drinking is because I smelled it, and I know he was drinking. That is the only way I know it, as I did not see him drink anything. I did not find any liquor on him; I just smelled some liquor on his breath; that is the only way I had of knowing." The defendant in his statement to the jury denied his guilt. And his statement was in part corroborated by two witnesses. However, the jury accepted the evidence for the State and convicted the defendant.

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