Phillips v. State

McMurray, Presiding Judge.

Defendant was convicted of driving under the influence of alcohol and this appeal followed. Held:

1. Defendant contends that the verdict was contrary to the evidence and that the trial court erred in denying his motion for a directed verdict of acquittal. We disagree. Viewing the evidence in the light most favorable to the State, we find the following facts:

On January 12, 1986, at about 4:30 a.m., the police found defendant in his pickup truck on a dirt road near a trailer park. Defendant had passed out and was slumped over the steering wheel. The truck was “almost in…