WHITELEY v. STATE

75829.

188 Ga. App. 129 (1988)

372 S.E.2d 296

WHITELEY v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied July 29, 1988.


Attorney(s) appearing for the Case

Victor C. Hawk, for appellant.

Michael C. Eubanks, Solicitor, H. Scott Allen, Assistant Solicitor, for appellee.


BEASLEY, Judge.

Whiteley was convicted of improper lane usage (OCGA § 40-6-40) and driving under the influence of alcohol (OCGA § 40-6-391 (A) (1) & (4)). The subsection (4) conviction was merged with the subsection (1) conviction for sentencing.

1. The primary question on appeal is whether the trial judge abused his discretion in denying a mistrial and instead instructing the jury to disregard the arresting officer's statement, which was not...

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