Hogan v. State

178 Ga. App. 534 (1986)

343 S.E.2d 770

HOGAN

v.

THE STATE.

71575.

Court of Appeals of Georgia.

Decided March 20, 1986.

Rehearing Denied April 2, 1986.

C. Alan Mullinax, for appellant.

Ralph T. Bowden, Jr., Solicitor, Nancy H. Jackson, Assistant Solicitor, for appellee.

CARLEY, Judge.

Appellant was tried by a jury on a two-count accusation. Count I charged appellant with being in physical control of a moving vehicle "while under the influence of alcohol." Count II alleged that he had been in control of a moving vehicle "while there was at least .12 percent alcohol in his blood by weight." Although there…