State v. Phillips

Sognier, Chief Judge.

Franklin Phillips was charged by accusation with driving under the influence of alcohol and failure to maintain lane. Phillips demurred to the accusation, objecting to language identifying the DUI offense as a “High and Aggravated Misdemeanor.” The trial court granted the demurrer and ordered the State to amend the accusation as to any copy to be submitted to the jury by omitting the “high and aggravated” language. The State appeals, contending that the grant of the demurrer resulted in the striking of a material allegation in the accusation. OCGA § 5-7-1 (1); State v.…