SCHENCK v. STATE

No. A10A1788.

706 S.E.2d 218 (2011)

SCHENCK v. The STATE.

Court of Appeals of Georgia.

February 16, 2011.


Attorney(s) appearing for the Case

Benjamin D. Goldberg , for appellant.

Kermit N. McManus , District Attorney, Benjamin B. Kenemer , Assistant District Attorney, for appellee.


ADAMS, Judge.

Anthony Marcus Schenck was convicted by a jury of driving under the influence. He appeals following the denial of his amended motion for new trial, challenging the sufficiency of the evidence and arguing that the trial court should have declared a mistrial after the prosecutor impermissibly commented on his failure to testify at trial.

The evidence presented at trial, construed to support the jury's verdict, showed that on December 14, 2008,...

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