# Townsend v. State

> Court of Appeals of Georgia · November 22, 1972 · 127 Ga. App. 797

URL: https://www.frixlaw.com/law-library/cases/9852124

## Case

- **Full name:** Townsend v. the State
- **Court:** Court of Appeals of Georgia
- **Decided:** November 22, 1972
- **Citations:** 127 Ga. App. 797; 195 S.E.2d 474; 1972 Ga. App. LEXIS 1023
- **Precedential status:** Published
- **Opinion:** Concurrence by Deen
- **Judges:** Clark, Eberhardt, Deen
- **Cited by:** 45 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/9852124

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9852124. Public record. Not legal advice.