Hodges v. State

2 Citing cases

  1. Harper v. Brown

    122 Ga. App. 316 (Ga. Ct. App. 1970)   Cited 8 times

    As to the evidence necessary to prove that the speed limit has been reduced from 60 to 35 miles per hour, this court has held that testimony that it is so posted is prima facie probative of the fact of change under Code Ann. ยง 68-1610 (c), but whether the speed limit has been so reduced depends upon whether action has been taken by a governing authority, and proper notice posted on the highway. See Hodges v. State, 100 Ga. App. 611 (1) ( 112 S.E.2d 373) where it was held: "To allow officers to arbitrarily decide this question would be an unlawful assumption of legislative powers." Obviously, then, the issue should not be left after the event for a jury to decide, where official action has not been taken, whether it considers an unmarked area to have a speed limit of 35 rather than 60 miles per hour.

  2. Atlanta c. Casket Co. v. Hollingsworth

    104 Ga. App. 154 (Ga. Ct. App. 1961)   Cited 23 times
    Discussing the statutory requirement regarding defective brakes

    The defendants, therefore, could not have been prejudiced by the charges complained of. Furthermore, in Hodges v. State, 100 Ga. App. 611 ( 112 S.E.2d 373), this court held that testimony by a police officer that a defendant violated the speed limit in a residential area where the speed limit was 35 miles per hour, in the absence of any showing to the contrary, was sufficient to show that the area had previously been declared residential and appropriately marked. These grounds further complain that the court stated in its charge: "There is undisputed evidence in the case that at the locality in question there was the posting of a speed limit."