Hilburn v. State

Blackburn, Judge.

Following a jury trial, the appellant, James Hilburn, was convicted of driving without taillights in violation of OCGA § 40-8-23, and driving under the influence of alcohol in violation of OCGA § 40-6-391. On appeal, Hilburn contends that the evidence was insufficient to support his conviction.

According to the Bartow County deputy sheriff who arrested Hilburn, while on patrol during the evening of September 6, 1990, he noticed that a pickup truck traveling in the opposite direction had only one taillight functioning. When the deputy sheriff turned around to pursue it, the…