
    12567.
    Anderson v. The State.
    Decided July 26, 1921.
    Accusation of drunkenness on highway; from city court of Dawson— Judge Edwards. May 7, 1921.
    The accusation was under the Penal Code, § 442, and charged the drunkenness manifested by stated misconduct as having occurred on the Dawson and Brownwood public road. The.evidence did not show that the misconduct occurred on the public road designated, but showed that it occurred on a little road leading into the highway designated, three or four hundred yards therefrom, and in front of the home of witnesses. The accused and others with him were driving toward the public road, and went to it; but the witnesses did not know what occurred on the public road designated. The accused was seen on the same day on the public road, standing up in the buggy and beating the mule, apparently to make it go faster. He and his companions in the buggy were pursued by a deputy sheriff; they turned out of the public road into another side road, where, as the officer was overtaking them, the accused jumped from the buggy and fled. The officer supposed that the accused was drunk, but not “ plumb drunk.” He did not observe any boisterous conduct, or hear the accused say anything.
   Luke, J.

The defendant in this case was charged with being upon a certain highway in an intoxicated condition, which intoxication was “ made manifest by boisterousness, by indecent condition and acting, and by vulgar, profane and unbecoming language, and loud and violent discourse of the defendant while so intoxicated.” The evidence did not authorize the defendant’s conviction, since there was no proof that upon the highway named he comported himself in the manner alleged. It was therefore error to overrule the motion for a new trial. See Davis v. State, 14 Ga. App. 569 (81 S. E. 906), and cases cited.

Judgment reversed.

Broyles, C. J., and Bloodworth, J., concur.

Parks & Parks, for plaintiff in error.

W. H. Gurr, solicitor, contra.  