Rogers v. State

Carley, Chief Judge.

Appellant was tried before a jury and found guilty of violating former OCGA § 40-6-391 (a) (4), which prohibited driving with a blood alcohol level of .12 percent or more. He appeals the judgment of conviction and sentence entered on the jury verdict.

Appellant’s sole enumeration is that the trial judge erred in refusing to give a requested instruction on the defense of coercion. OCGA § 16-3-26 provides that “[a] person is not guilty of a crime, except murder, if the act upon which the supposed criminal liability is based is performed under such coercion that the person…