Glover v. State
Glover v. State
Opinion of the Court
The defendant was indicted for the violation of Section 40 in Article IV of the Act of 1953 (Ga. L. 1953, Nov. Sess., pp. 556, 573) which reads as follows: "(a) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 42. Every such stop shall be made without obstructing traffic more than is necessary, (b) Any person knowingly failing to stop or comply with said requirements under such circumstances shall upon conviction be punished as for a misdemeanor.” Section 42, referred to, is as follows: "The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his name, address, and the registration number of the vehicle he is driving and shall upon request and if available exhibit his operator’s or chauffeur’s license to the person struck or the driver or occupant of or person attending any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.” Section 22 in Article II of the Act of 1953 (Ga. L. 1953, Nov. Sess., pp. 556, 564) provides: "The provision of this Act relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except: 1. Where a different place is specifically referred to in a given section. 2. The
1. The ruling on the demurrers is controlled adversely to the appellant by the decision of this court in Flanders v. State, 97 Ga. App. 779 (1) (104 SE2d 538).
2. The photographs of the deceased allegedly connected with the charges against the defendant were properly admitted in evidence as they tended to prove that the deceased had fallen from, or been struck by, or dragged by, an automobile. Johnson v. State, 158 Ga. 192 (123 SE 120); Bryan v. State, 206 Ga. 73, 74 (55 SE2d 574).
3. There was no error in admitting into evidence testimony of a State’s witness as to certain statements made by the defendant over the objection that "it was not proven that the same were freely and voluntarily made after the intelligent waiver of the right to counsel.”
4. The court did not err in overruling the defendant’s motion for a directed verdict of acquittal as there-is no law in this State permitting such action by the trial judge in criminal cases. Pritchard v. State, 224 Ga. 776 (2) (164 SE2d 808).
5. The evidence against the defendant was entirely circumstantial, and while casting grave suspicion upon him, was insufficient to establish the charge against him set forth in the indictment. It follows, therefore, that the trial court erred in overruling the motion for new trial as to the general grounds.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.