TOMLIN v. STATE

74353.

184 Ga. App. 726 (1987)

362 S.E.2d 489

TOMLIN v. THE STATE.

Court of Appeals of Georgia.

Decided November 3, 1987.


Attorney(s) appearing for the Case

Jerry M. Daniel, for appellant.

James C. Abbot, Solicitor, for appellee.


McMURRAY, Presiding Judge.

Defendant was tried by a jury on a two-count accusation. Count 1 charged defendant with driving while under the influence of alcohol. See OCGA § 40-6-391 (a) (1). Count 2 charged that defendant did drive and was in actual physical control of a moving vehicle "[w]hile there was in his blood 0.12 percent or more by weight of alcohol." See OCGA § 40-6-391 (a) (4). The same conduct formed the basis for both counts of the accusation...

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