Loar v. State

McMurray, Judge.

Defendant was charged by accusátion with the offense of a misdemeanor, driving under the influence of alcohol. The jury returned a verdict of guilty, and defendant appeals. Held:

1. The defendant contends that the trial court erred by failing to charge the jury that the presumptions authorized by Code Ann. § 68A-902.1 (b) (3) (Ga. L. 1974, pp. 633, 672) may be rebutted. But the defendant offered no evidence in rebuttal, and the court did not err in failing to charge relative to an issue concerning which there is no evidence. Burgess v. State, 117 Ga. App. 284 (3) (160 SE2d…