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51 Ga. App. 98

Franklin v. State

Court of Appeals of Georgia

Decided April 8, 1935

Court of Appeals of Georgia · decided 1935-04-08

Relies on Studstill v. State

Decided 1935-04-08

Guerry, J.

¶1While it is necessary in the prosecution of one for operating an automobile when under the influence of some intoxicant to prove that he dids operate the automobile (Austin v. State, 47 Ga. App. 191, 170 S. E. 86), yet this may be proved either by direct or circumstantial evidence; and there were sufficient circumstances, together with admissions of the defendant, for the jury to conclude that he did operate the automobile as charged.

¶2Judgment affirmed:

Broyles, O. J., amd MacIntyre, J., concur.
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