Asberry v. State

Beasley, Judge.

Asberry, convicted of second degree vehicular homicide (OCGA § 40-6-393 (b)), driving without a driver’s license (OCGA § 40-5-20), and failure to keep his vehicle within a single lane (OCGA § 40-6-48), appeals the denial of his motion for new trial. His three enumerations of error relate to the jury charge.

Asberry had no driver’s license, although he had been driving for approximately nine years. On November 18, 1987, he was driving eastbound on Covington Highway and moved into the adjacent lane, back into the lane in which he had been driving, and then again into the adjacent…