BENNETT v. STATE

37909.

100 Ga. App. 211 (1959)

110 S.E.2d 598

BENNETT v. THE STATE.

Court of Appeals of Georgia.

Decided September 22, 1959.


Attorney(s) appearing for the Case

J. Ray Merritt, for plaintiff in error.

Chas. C. Pittard, Solicitor, contra.


GARDNER, Presiding Judge.

1. The defendant was convicted in the City Court of Gwinnett County in that he did "while under the influence of intoxicating liquors and drugs, unlawfully drive and operate an automobile" upon a public highway.

In order to convict one for driving under the influence of intoxicants this court has ruled that the evidence must show that the defendant was indeed drinking and that because of this condition his ability to drive was shown...

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