Holloman v. Bolen
Holloman v. Bolen
Opinion of the Court
(After stating the foregoing facts.) The plaintiff in error, who will hereinafter be called the defendant, and who was an officer of the police department of the City of Atlanta, was charged by the chief of police in a written charge presented to the police committee, with being “under the influence of intoxicating liquors” at roll call at the police barracks, while in full uniform, at 4 p. m. on February 12, 1940. The charge against the defendant was a violation of a rule adopted by the police committee for the government of the police department of the City of Atlanta which provided that “any member of the department who has been known to have been under the influence of any intoxicating beverages, such as beer [and other described drinks], or any other type cf alcoholic drink, or any type of mixed drinks, either while on or ■off duty, will be dismissed from the force, after due trial and proven guilty by the police committee of council.” There is presented no question as to the legality of the proceedings. The police committee was a judicial body, which in the exercise of judicial powers heard the charges and after hearing evidence found the defendant guilty, as charged, of a violation of a rule which had been adopted by the police committee for the government of the police department.
The sole question presented is, did the evidence authorize the finding by the committee that the defendant, at the time alleged, had been under the influence of intoxicating liquor? The testimony of several of the police officers was to the effect that, from
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.