Barber v. State
| Decision Date | 06 November 1998 |
| Docket Number | No. A98A2474.,A98A2474. |
| Citation | 509 S.E.2d 93,235 Ga. App. 170 |
| Parties | BARBER v. The STATE. |
| Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
Andrews & Seery, Stanaland A. Seery, Thomasville, for appellant.
McGraw & McGraw, Joseph T. McGraw, Thomasville, for appellee.
Jimmy Barber appeals his conviction for driving under the influence of alcohol, following a bench trial, contending that the evidence was insufficient to support the verdict against him. For the reasons set forth below, we affirm.
(Punctuation omitted.) Kovacs v. State, 227 Ga.App. 870(1), 490 S.E.2d 539 (1997). See Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
The evidence shows that Officer David Melton reported to the scene of a one-car accident on October 19, 1997. When Officer Melton arrived on the scene, he found Barber lying beside the road, about 20 feet from the vehicle which had been driven into a ravine. Officer Melton asked Barber if there was anyone else in the vehicle, and Barber replied that he was by himself. As Officer Melton questioned Barber, he observed that Barber reeked of alcohol, had slurred speech, and could not walk without assistance. Officer Melton then arrested Barber for driving under the influence and transported him to jail, where Barber refused a breathalyzer test. The keys to the car which had been wrecked were later found in Barber's pocket.
Barber contends that his conviction for DUI was improper because the circumstantial evidence against him was insufficient to show that he had actually been driving the car, which he testified was driven by some individual he had met at a bar whom he could not identify. ...
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...494 S.E.2d 257 (1997). 2. 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). 3. (Citation and punctuation omitted.) Barber v. State, 235 Ga.App. 170, 509 S.E.2d 93 (1998). 4. Green v. State, 240 Ga.App. 774, 776(1), 525 S.E.2d 154 (1999). 5. See McPetrie v. State, 263 Ga.App. 85, 88(2), 58......
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...and we need not reverse on account of the trial court's failure to do so. Judgment affirmed. JOHNSON, P.J., and ELDRIDGE, J., concur. 1.Barber v. State, 235 Ga.App. 170, 509 S.E.2d 93 (1998). 2. OCGA § 16-7-1. 3. (Footnote omitted.) Gray v. State, 260 Ga.App. 197, 198(1), 581 S.E.2d 279 (20......
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