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CARGILE v. STATE

35478.

244 Ga. 871 (1979)

262 S.E.2d 87

CARGILE v. THE STATE.

Supreme Court of Georgia.

Decided November 21, 1979.

Rehearing Denied December 19, 1979.

Attorney(s) appearing for the Case

Moffett & Henderson, F. Glenn Moffett, Jr., L. Prentice Eager, III, for appellant.

Charles Hadaway, Assistant Solicitor, for appellee.

UNDERCOFLER, Presiding Justice.

Cargile was arrested by Union City police and cited for "driving under the influence," Ga. L. 1974 pp. 633, 671 (Code Ann. § 68A-902).1 We granted this application for interlocutory appeal from an order of the State Court of Fulton County denying appellant's motion to quash the accusation in order to consider the constitutional attack made upon the statute.

Cargile was stopped within the limits...

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