Fuller v. State

Shulman, Chief Judge.

Appellant was found guilty of driving under the influence of alcohol. OCGA § 40-6-391 (a) (Code Ann. § 68A-902). In his appeal, he questions the sufficiency of the evidence and the trial court’s refusal to give a requested instruction.

1. “A person shall not drive or be in actual physical control of any moving vehicle while: (1) Under the influence of alcohol . . .” OCGA § 40-6-391(a) (Code Ann. § 68A-902). Appellant does not question the facts that he was legally intoxicated and in actual physical control of an automobile. He asserts, however, that there was no evidence…