State v. Hardy

We forego comparison of Toledo v. Starks, supra, and the case at bar to discern whether they conflict, but it is apparent that there exists a general similarity of the problem in both cases regarding the jury instructions on driving while under the influence of alcohol. We are called upon to determine whether the trial judge, in instructing a jury, committed error prejudicial to the defendant.

In the instant case, we believe the trial court’s charge to be erroneous and prejudicial to the defendant for the reasons appearing hereinafter.

The trial judge in instructing the jury made two statements…