FAIRCLOTH v. STATE

36584.

95 Ga. App. 265 (1957)

97 S.E.2d 641

FAIRCLOTH v. THE STATE.

Court of Appeals of Georgia.

Decided February 28, 1957.


Attorney(s) appearing for the Case

Cain & Smith, for plaintiff in error.

Maston O'Neal, Solicitor-General, contra.


CARLISLE, J.

1. Where, upon the trial of one charged with involuntary manslaughter in killing another in the commission of an unlawful act, to wit, in driving a motor vehicle while under the influence of intoxicants and upon the wrong side of the highway, the defendant's major defense is that he was not driving the automobile at the time in question, and the evidence is in sharp conflict as to who was in fact driving, it is error requiring the grant of a new trial...

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