HURSTON v. STATE

No. A05A1971.

629 S.E.2d 18 (2006)

278 Ga. App. 472

HURSTON v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied March 27, 2006.


Attorney(s) appearing for the Case

Allen M. Trapp, Jr., Carrollton, for appellant.

Peter J. Skandalakis, District Attorney, Jeffery W. Hunt, Assistant District Attorney, for appellee.


SMITH, Presiding Judge.

Michael Wayne Hurston was indicted by a Carroll County grand jury on two counts of driving under the influence of alcohol, one "per se" count on the basis of his measured blood alcohol content and the other on the basis of his being "less safe" to drive, and two corresponding counts of homicide by vehicle in the first degree. At trial, the jury was unable to reach a verdict on either of the per se counts, but found Hurston guilty of homicide...

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