# Brown v. State

> Court of Appeals of Georgia · October 16, 1958 · 98 Ga. App. 350

URL: https://www.frixlaw.com/law-library/cases/1338360

## Case

- **Full name:** Brown v. the State
- **Court:** Court of Appeals of Georgia
- **Decided:** October 16, 1958
- **Citations:** 98 Ga. App. 350; 105 S.E.2d 785; 1958 Ga. App. LEXIS 582
- **Precedential status:** Published
- **Opinion:** Opinion by Townsend
- **Judges:** Carlisle, Gardner, Townsend
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1338360

## Opinion text

Townsend, Judge.
While the corpus delicti of the offense must be proved aliunde the admissions of the accused
(Gunder
*352
v.
State,
95
Ga. App.
176 , 97 S. E. 2d 381 ), it may nevertheless be established by circumstantial as well as direct evidence
(Buckhanon
v.
State,
151
Ga.
827 (8b), 108 S. E. 209 ), provided it is sufficient to exclude every other reasonable hypothesis save that of the guilt of the accused! The evidence here establishes with certainty that while the two eyewitnesses did not pay sufficient attention to the defendant to positively identify him either while he was driving or getting out of the automobile, nevertheless, the only persons in the automobile which struck the prosecutor were a man and a woman; the man was driving; he got out of the car; within two minutes the defendant had walked over to the prosecutor to discuss the damages to his automobile, and there is no indication that any other person whatsoever was present until the, witness Nix arrived within three minutes of the collision. The evidence, although circumstantial, is sufficient to establish the defendant as the driver of the automobile, and that he was at that time under the influence of intoxicants.
The trial court did not err in denying the motion for new trial.
Judgment affirmed.
Gardner, P. J., and Carlisle, J., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1338360. Public record. Not legal advice.