Opinion

Townsend v. State

  • 127 Ga. App. 797
  • 195 S.E.2d 474
  • 1972 Ga. App. LEXIS 1023
Court
Court of Appeals of Georgia
Filed
Nov 22, 1972
Status
Published
Author
Deen
On the bench
Clark, Eberhardt, Deen
Cited by
45 cases

test four hours later, but defendant denied drinking after accident

How later courts described this case

  • test four hours later, but defendant denied drinking after accident

Written by the judges who cited it.

The opinion

Deen, Judge,

concurring in the judgment only. For over *805 four hours between the time of the collision and the time of the blood test the whereabouts of this defendant were unknown. Therefore, to allow in evidence the result of an alcohol blood test made some four and a half hours after the defendant had ceased driving for the purpose of proving that he was intoxicated while driving (the gravamen of the offense of involuntary manslaughter in the commission of an unlawful act) is to allow circumstantial evidence of no probative value, since it was equally possible for the defendant to have drunk the whiskey after as before the wreck.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.