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101 Ga. App. 21

112 S.E.2d 704

Painter v. State

Court of Appeals of Georgia

Decided January 14, 1960

Court of Appeals of Georgia · decided 1960-01-14

Cited by 4 later decisions — most recently November 1972

4 state decisions

Relies on 95 Ga. App. 176 - Gunder v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1960-01-14

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Gardner, Presiding Judge.

¶1 The defendant was convicted of driving an automobile while under the influence, of intoxicating liquors. His motion for new trial on the general grounds only was denied and it is to this judgment that the case is here for review.

¶2 This case is controlled by Gunder v. State, 95 Ga. App. 176 (97 S. E. 2d 381). In that case, as here, the defendant was not seen while engaged in the operation of the vehicle in which he was seated. In that case, as here, the defendant denied being drunk. There, as here, there is nothing to show the lapse of time between the defendant’s observed intoxication and his operation of the motor vehicle.

¶3 The evidence is not sufficient to show the defendant’s guilt to the exclusion of every other reasonable hypothesis.

¶4 Judgment reversed.

Townsend and Carlisle, JJ., concur. *22 Walter H. Bolling, for plaintiff in error. R. F. Chance, Solicitor-General, contra.
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