dissenting. The guilt of the defendant being de. pendent upon circumstantial evidence (for the proof of the der fendant’s condition necessarily rested upon the conclusion from the independent facts used to suggest the inference that he was drunk), the court, in my opinion, erred in failing to charge upon circumstantial evidence in accordance with the ruling in Riley v. State, 1 Ga. App. 651 (57 S. E. 1031).