Gooch v. State

Banke, Judge.

This is an appeal from a conviction for first degree homicide by vehicle (Code Ann. § 68A-903 (a)). The state’s evidence indicated that, while driving under the influence of alcohol, the appellant crossed over the center line of the highway and collided with the victim’s vehicle, which was traveling in the opposite direction. Although the appellant did not present any evidence, her counsel elicited testimony from one of the state’s witnesses on cross examination that the victim, too, had been under the influence of alcohol at the time of the collision. Held:

1. Notwithstanding the…