HALLMARK v. STATE

67233.

169 Ga. App. 8 (1983)

311 S.E.2d 219

HALLMARK v. THE STATE.

Court of Appeals of Georgia.

Decided November 22, 1983.


Attorney(s) appearing for the Case

Larry W. Yarbrough, for appellant.

Herbert A. Rivers, Solicitor, J. Lynn Rainey, Assistant Solicitor, for appellee.


BIRDSONG, Judge.

Dan Thomas Hallmark was convicted of driving under the influence of intoxicants. He was sentenced to serve twelve months and to pay a $1,000 fine. He brings this appeal enumerating as the sole error the refusal of the trial court to charge the jury as requested upon the rule that circumstantial evidence must exclude every reasonable hypothesis except that of guilt. See OCGA § 24-4-6 (Code Ann. § 38-109). The court did charge that the jury...

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