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GILBERT v. STATE

No. S91A1054.

405 S.E.2d 498 (1991)

261 Ga. 425

GILBERT v. The STATE.

Supreme Court of Georgia.

July 10, 1991.

Attorney(s) appearing for the Case

Virgil L. Brown, Eric D. Hearn, Bentley C. Adams, III, Virgil L. Brown & Associates, Zebulon, for Gilbert.

W. Fletcher Sams, Dist. Atty., Randall K. Coggin, Asst. Dist. Atty., Thomaston, for the State.

WELTNER, Justice.

The superior court entered an order affirming Gilbert's conviction of driving under the influence of alcohol pursuant to OCGA § 40-13-28 and imposed sentence. In Walton v. State, 261 Ga. 392, 394, 405 S.E.2d 29 (1991), we stated:

If the conviction is properly supported by the evidence, the conviction would stand; if not, an acquittal would be required. The superior...

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