Public-domain · open source
OpenJurist

243 Ga. 441

254 S.E.2d 828

Horowitz v. State

Supreme Court of Georgia

Decided April 5, 1979

Supreme Court of Georgia · decided 1979-04-05

Good law ✅— No negative treatment on recordhow we know

Decided 1979-04-05

How this case has been cited

Cited by 15 later decisions — most recently August 2019

15 state decisions

6019791980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Jordan, Justice.

¶1 The appellant was tried and convicted for reckless conduct as defined by Code Ann. § 26-2910. He appeals, contending the statute is unconstitutional.

¶2 While taking his sports car on a test run through a residential neighborhood at speeds in excess of the posted limit, the appellant lost control of the vehicle and skidded approximately sixty-three feet toward a child standing in his front yard. The appellant contends that the reckless conduct statute is unconstitutional in that it violates the due process provisions of the United States and Georgia Constitutions. Specifically, he asserts that the statute is so vague and indefinite that it fails to apprise persons of the prohibited conduct. The evidence authorized the jury to conclude that by driving recklessly through a residential neighborhood the appellant consciously disregarded the substantial risk that his conduct would endanger the safety of another.

¶3 This court finds that the statute is sufficiently definite to give a person of ordinary intelligence fair notice that such conduct is forbidden by the statute.

¶4 Judgment affirmed.

All the Justices concur.
/243/ga/441 · .json · Public domain