Russell v. State

Pope, Judge.

After a trial by jury, appellant was convicted of violating OCGA § 40-6-391 (a) (1) and of operating a motor vehicle after being declared a habitual violator under OCGA § 40-5-58.

1. Appellant asserts a fatal variance between the allegations of the indictment and the proof adduced at trial. Count II of the indictment charged appellant with D.U.I. alleging that on February 25, 1982 while under the influence of alcohol he drove and was in actual physical control of a moving vehicle upon the public street and highway known as Georgia Highway 76, one mile east of Blue Ridge, Fan-nin…