Gibson v. State

Smith, Chief Judge.

William Gibson was charged by accusation with DUI (OCGA § 40-6-391 (a)) and fleeing or attempting to elude a police officer (OCGA § 40-6-395 (a)). A jury found him guilty of fleeing but acquitted him of the DUI charge. His amended motion for new trial was denied, and he appeals. In his sole enumeration of error, he contends that the trial court erred in refusing to give his requested charge on obstruction of an officer, OCGA § 16-10-24, as a lesser included charge of fleeing or attempting to elude. We agree with Gibson that the charge should have been given, and we reverse…