Robinson v. State

McMurray, Presiding Judge.

Via accusation, defendant was accused of driving a motor vehicle, “Count One: While under the influence of alcohol. Count Two: While there was in his blood 0.12 percent or more by weight of alcohol.” No plea, demurrer or motion was filed by defendant challenging the accusation. Following a jury trial, defendant was found to be guilty upon Count 1 of the accusation and not guilty upon Count 2. After the imposition of sentence, defendant appealed. Held:

In his sole enumeration of error, defendant contends the trial court erred in charging the jury that they could find…