LEWIS v. STATE

57105.

149 Ga. App. 181 (1979)

254 S.E.2d 142

LEWIS v. THE STATE.

Court of Appeals of Georgia.

Decided February 9, 1979.

Rehearing Denied March 1, 1979.


Attorney(s) appearing for the Case

James M. Barnes, for appellant.

Charles A. Pannell, Jr., District Attorney, James E. Bethel, Assistant District Attorney, for appellee.


SMITH, Judge.

The appellant was convicted of driving under the influence of intoxicants and appeals from the judgment and the overruling of his motion for new trial. Appellant contends that the state's circumstantial evidence was not sufficient to support a conviction, that the state failed to prove that he was "less safe" to drive in his condition, and that there was a material variance between the allegation charged in the indictment and the proof presented at trial...

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