Holt v. State

McMurray, Presiding Judge.

Defendant appeals his conviction for “giving a false name and a false date of birth to a law enforcement officer” in violation of OCGA § 16-10-25. This Code section makes it unlawful to give a false name, address, or date of birth to “a law enforcement officer in the lawful discharge of his official duties with the intent of misleading the officer as to his identity or birthdate. . . .” We reverse because defendant gave a false name and date of birth to an officer who was not acting within “the lawful discharge of his official duties.”

Corporal James Hood of the City…