Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1966, p. 10, § 1 are included in the annotations for this Code section.

Intent to misrepresent.

- Evidence was ample to support defendant's conviction for intending to misrepresent or conceal the identity of the stolen vehicle the defendant possessed or the vehicle's owner as the evidence showed that the defendant knew that the license tag did not belong on the vehicle and that the defendant affixed that license plate to keep the city from learning that the vehicle was abandoned. Rose v. State, 258 Ga. App. 232, 573 S.E.2d 465 (2002).

Not lesser included offense of O.C.G.A.

§ 40-2-5 offense. - Misdemeanor offense of affixing to a vehicle a license plate not authorized for use on that vehicle is not a lesser included offense of the felony offense of using a motor vehicle license plate upon a vehicle for which the plate was not issued. Dismuke v. State, 142 Ga. App. 381, 236 S.E.2d 12 (1977) (decided under Ga. L. 1966, p. 10, § 1).

Rule of lenity did not apply.

- Because the defendant was convicted and sentenced for a violation of O.C.G.A. § 40-2-5, and not for a violation of O.C.G.A. § 40-2-7, for the single and distinct offense of operating a motor vehicle bearing an improper tag, the Court of Appeals of Georgia had no occasion to apply the rule of lenity. Rylee v. State, 288 Ga. App. 784, 655 S.E.2d 239 (2007).

Cited in Barron v. State, 109 Ga. App. 786, 137 S.E.2d 690 (1964); Law v. State, 110 Ga. App. 364, 138 S.E.2d 588 (1964); Undercofler v. White, 113 Ga. App. 853, 149 S.E.2d 845 (1966); Daniel v. State, 118 Ga. App. 370, 163 S.E.2d 863 (1968); Walker v. State, 130 Ga. App. 860, 205 S.E.2d 49 (1974); Northern v. State, 285 Ga. App. 303, 645 S.E.2d 701 (2007).

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 257, 392.

ALR.

- Validity and construction of statute making it a criminal offense to "tamper" with motor vehicle or contents, or to obscure registration plates, 57 A.L.R.3d 606.