GIVENS v. STATE

A91A0235.

199 Ga. App. 709 (1991)

405 S.E.2d 898

GIVENS v. THE STATE.

Court of Appeals of Georgia.

Decided May 15, 1991.


Attorney(s) appearing for the Case

Mark T. Sallee, for appellant.

Gerald N. Blaney, Jr., Solicitor, Allison L. Thatcher, William F. Bryant, Assistant Solicitors, for appellee.


COOPER, Judge.

Appellant was arrested an charged with driving under the influence of alcohol. The arresting officer testified at trial that the appellant had refused at the time of arrest to submit to a chemical test used to determine the alcohol content of his blood. In her closing argument, the prosecutor commented on appellant's refusal to take the chemical test and asked the jury: "What did the defendant have to hide that night? Why wouldn't he take the test?...

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