481 S.E.2d 264 | Ga. Ct. App. | 1997
Julio Lee appeals his conviction on a charge of underage possession of an alcoholic beverage, OCGA § 3-3-23 (a) (2). We affirm the conviction after reviewing his challenges to the sufficiency of the evidence and his exception to the court’s charge.
1. Lee enumerates the general grounds, which we review under the standard set forth in Jackson v. Virginia, 443 U. S. 307, 319 (99 SC 2781, 61 LE2d 560) (1979). The State produced evidence showing that in early August 1995, a police officer found Lee in an Athens bar with a dark-colored, foam-topped beverage in front of him and with alcohol on his breath. The officer knew Lee and believed him to be underage. When confronted by the officer, Lee asked that he not be given a ticket because his 21st birthday was only a month away. Evidence at trial showed Lee did not reach legal drinking age until September 5, 1995. Although Lee’s attorney was able to demonstrate that the officer may have been mistaken about the date of this incident, the evidence viewed in a light most favorable to the verdict supports the jury’s finding that Lee possessed an alcoholic beverage while under the age of 21. Gilbert v. State, 262 Ga. 840, 841 (1) (426 SE2d 155) (1993).
2. Lee also contends the trial court erred in its charge by failing clearly to instruct the jury that it had to find Lee was under the age
Judgment affirmed.
We note that the trial court did not ask counsel for either the defendant or the State if there were exceptions to the charge. Trial courts are encouraged to make this inquiry, as it helps clarify the record and allows the trial court to correct any potential inadequacies in the charge. See Collins v. State, 176 Ga. App. 634, 638 (2) (337 SE2d 415) (1985).