Smitherman v. State

Shulman, Presiding Judge.

Defendant .appeals his conviction of the offense of driving under the influence of alcohol. In two separate enumerations of error, defendant complains of the charge of the trial court. Neither enumeration warrants a reversal of the judgment.

1. Defendant asserts that the following instruction of the trial court constituted reversible error: “Now, the essential ingredients of the offense are the driving or being in control of a moving vehicle by the accused at a time while under the. influence of some alcohol.” Specifically, defendant argues that the use of the word…