DUNCAN v. STATE

38252.

101 Ga. App. 504 (1960)

114 S.E.2d 376

DUNCAN v. THE STATE.

Court of Appeals of Georgia.

Decided April 12, 1960.


Attorney(s) appearing for the Case

Carpenter, Karp & Mathews, Robert Carpenter, A. Tate Conyers, for plaintiff in error.

Paul Webb, Solicitor-General, John I. Kelley, Solicitor, B. B. Zellars, Eugene L. Tiller, Assistant Solicitor-General, contra.


FRANKUM, Judge.

1. It is readily apparent that the evidence did not authorize the charge (Code (Ann.) § 68-1625) as no blood test was given the defendant. Therefore, no presumption could arise under the statute because there was no evidence to show the contents of alcohol, if any, in the defendant's blood. "A statement in the charge of the court not adjusted to the evidence is not reversible error when it is harmless and not prejudicial to the losing party."...

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