Anderson v. State

Carley, Judge.

After a jury trial, appellant was found guilty of driving under the influence. He appeals from the judgment of conviction and sentence *596entered by the trial court on the jury’s verdict.

1. Although all of the provisions of OCGA § 40-6-391 (a) were not applicable, the trial court’s jury charge nevertheless included an instruction on the entirety of that Code section. The giving of this charge is enumerated as error.

“ ‘ “It is not usually cause for new trial that an entire Code section is given [.] . . . This is so even though a part of the charge may be inapplicable under the facts…