STATE v. RUSTIN

A92A2124.

208 Ga. App. 431 (1993)

430 S.E.2d 765

THE STATE v. RUSTIN.

Court of Appeals of Georgia.

Decided April 2, 1993.


Attorney(s) appearing for the Case

W. Fletcher Sams, District Attorney, Tarey B. Schell, Assistant District Attorney, for appellant.

James M. Kimbrough III, for appellee.


BLACKBURN, Judge.

Thomas Milton Rustin was charged with driving under the influence of alcohol. After his first conviction in the probate court was reversed in Rustin v. State, 192 Ga.App. 775 (386 S.E.2d 535) (1989), he requested a jury trial and the case was transferred to the superior court. Rustin then moved to dismiss on the ground that the prosecution

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