Arnold v. State

Birdsong, Presiding Judge.

Lawrence S. Arnold was convicted of driving under the influence in violation of OCGA § 40-6-391 and being in possession of an open container of alcoholic beverages while operating a motor vehicle in violation of OCGA § 40-6-253. He appeals, contending the trial court erred in denying him a continuance when a material witness did not show up at trial in response to his subpoena, and that the trial court erred further in accepting the officer’s hearsay evidence of what that absent witness told him.

Appellant went with Marty Lester to McDonald’s restaurant. Lester became…