1. The defendant was convicted in the City Court of Gwinnett County in that he did "while under the influence of intoxicating liquors and drugs, unlawfully drive and operate an automobile" upon a public highway.

2. There are three special grounds which are not meritorious under the record now before us. Special ground 1 assigns error because the court failed to charge the jury, without a request, on circumstantial evidence. This special ground is not meritorious. Special ground 2 contends that the court erred in failing to allow a certain question to be answered by a witness. That question was: "Did he tell you that he had asked for the law enforcement officers to be called?" We cannot see that refusal to allow this question to be answered was at all harmful to the defendant, in view of the entire record. Special ground 3 assigns error because it is alleged that the court erred in not admitting into evidence a civil suit filed in the Superior Court of Gwinnett County arising out of the same transaction, counsel contending that the admission of this suit would tend to substantiate the defendant's contention that he was not under the influence at the time of the accident and was not so charged in the civil suit. In view of our ruling, and in view of the whole record, this special ground does not show reversible error.

The court erred in refusing the grant of a new trial.