RUSSELL v. STATE

69834.

174 Ga. App. 436 (1985)

330 S.E.2d 175

RUSSELL v. THE STATE.

Court of Appeals of Georgia.

Decided April 1, 1985.


Attorney(s) appearing for the Case

Roger E. Bradley, William L. Reilly, for appellant.

George W. Weaver, District Attorney, Brenda S. Thurman, Assistant District Attorney, for appellee.


POPE, Judge.

After a trial by jury, appellant was convicted of violating OCGA § 40-6-391 (a) (1) and of operating a motor vehicle after being declared a habitual violator under OCGA § 40-5-58.

1. Appellant asserts a fatal variance between the allegations of the indictment and the proof adduced at trial. Count II of the indictment charged appellant with D. U. I. alleging that on February 25, 1982 while under the influence of alcohol he drove and was...

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