Rylee v. State

Pope, Judge.

Defendant Ralph Leon Rylee was convicted of driving under the influence and was sentenced to serve twelve months. Defendant’s only enumeration concerns the trial court’s refusal to give his request to charge concerning presumptions. Defendant argues that although the requested charge was subsequently found by this court to be impermissibly burden shifting, Peters v. State, 175 Ga. App. 463 (2) (333 SE2d 436) (1985), overruled on other grounds, Hogan v. State, 178 Ga. App. 534 (343 SE2d 770) (1986), at the time of trial the trial court was required to give the requested charge…