GARMON v. STATE

33253, 33254.

82 Ga. App. 459 (1950)

61 S.E.2d 438

GARMON v. THE STATE. GUNNING v. THE STATE.

Court of Appeals of Georgia.

Decided October 6, 1950.


Attorney(s) appearing for the Case

J. Roy Merritt, A. G. Liles, for plaintiffs in error.

Hope D. Stark, Solicitor-General, contra.


TOWNSEND, J.

1. "Drunkenness shall not be an excuse for any crime or misdemeanor, unless such drunkenness was occasioned by the fraud, artifice, or contrivance of another person for the purpose of having a crime perpetrated." Code, § 26-403. There being evidence from which the jury might have found that the defendants did not appear drunk at the time the crime was committed, and other evidence to the effect that their intoxication was voluntary, if they were...

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