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ISENHOWER v. STATE

34821.

88 Ga. App. 762 (1953)

77 S.E.2d 834

ISENHOWER v. THE STATE.

Court of Appeals of Georgia.

Decided September 19, 1953.

Attorney(s) appearing for the Case

William Gordon Mann, for plaintiff in error.

Erwin Mitchell, Solicitor-General, J. Beverly Langford, Assistant Solicitor-General, contra.

TOWNSEND, J.

1. Code § 68-307 as amended by the act of 1947 (Ga. L. 1947, p. 230) makes it a misdemeanor to operate a motor vehicle while under the influence of intoxicants, upon any "public street or highway, or any private way, private street, or private property in this State." Accordingly, the criminality of the act depends in part upon the place where it is committed, and, this being so, the allegation of place is material, and variance between the allegation...

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