Georgia Court of Appeals, 1908

Cleveland v. State

Georgia Court of Appeals · Decided March 16, 1908 · Powell

4 Ga. App. 62; 60 S.E. 801; 1908 Ga. App. LEXIS 202

Cases that cite this one

2 later published cases cite this decision.

Chapman v. State (Ga. Ct. App. 1910)
Southern Express Co. v. Hunnicutt & Turner (Ga. Ct. App. 1908)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Powell, J.

In a prosecution for tlie offense of being intoxicated on a public highway, the burden is upon the State to show that the road in question was in fact a public highway. Johnson v. State, 1 Ga. App. 195 (58 S. E. 265). This may be shown directly or circumstantially. See Central Ry. Co. v. Ross, 107 Ga. 74 (32 S. E. 904). There is no evidence of any character in the record as to whether the road upon which the defendant was alleged to have been intoxicated was a public highway or not. . Judgment reversed.

Accusation of misdemeanor, from city court of Hartwell — Judge Hodges. December 16, 1907.

Argued February 25, Decided March 16, 1908. A. G. & Julian McCurry, for plaintiff in error. James H. Shelton, solicitor, contra.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.