State v. Adams

LANSING, Judge.

This is an appeal by the State from an order of the district court granting the defendant Jeffrey Jay Adams’ motion for a judgment of acquittal on a charge of being in actual physical control of a vehicle while under the influence of alcohol. The dismissal order was based upon the absence of evidence to show that the vehicle occupied by Adams was operable. We affirm.

I

BACKGROUND

At about 1 a.m. on a December morning a police officer in Kooskia noticed Adams sitting in a vehicle lawfully parked on the side of the street, with the motor running. The officer made contact with Adams,…