Public-domain · open source
OpenJurist

93 Ga. App. 543

Johnson v. State

Court of Appeals of Georgia

Decided March 14, 1956

Court of Appeals of Georgia · decided 1956-03-14

Relies on 92 Ga. App. 169 - Sims v. State

Decided 1956-03-14

Gardner, P. J.

¶1It is contended that the charge of operating an automobile while under the influence of intoxicating liquor is not *544sufficient to put the defendant on notice of the charge against him. This court has held that a defendant must be under the influence of intoxicating liquor to the extent that he is less safe as a driver. See Sims v. State, 92 Ga. App. 169 (88 S. E. 2d 186). We hold that in the instant case there is ample evidence that the defendant was so under the influence of intoxicating liquor that he was less safe as a driver. The evidence in the instant case leaves no doubt but that the defendant was drunk and an unsafe driver.

¶2The judge of the Superior Court of Fulton County did not err in refusing to sanction the writ of certiorari.

¶3 Judgment affirmed.

Townsend and Carlisle, JJ., concur.
/93/gaapp/543 · .json · Public domain