PERRYMAN v. STATE

52548.

139 Ga. App. 655 (1976)

229 S.E.2d 131

PERRYMAN v. THE STATE.

Court of Appeals of Georgia.

Decided September 28, 1976.


Attorney(s) appearing for the Case

Elkins & Flournoy, James A. Elkins, Jr., Paul R. Gemmette, for appellant.

Thomas Hughey, Solicitor, Robert G. Johnston, Assistant Solicitor, for appellee.


CLARK, Judge.

Appellant seeks a reversal of a conviction for the offense of driving under the influence of intoxicants upon the ground that the trial court erred in charging the provisions of Code § 38-119. Appellant is correct.

"The provision of Code § 38-119 to the effect that where the party has evidence in his power and within his reach by which he may repel a claim or charge against him, and omits to produce it, there is a presumption that such...

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