State v. Davis

The respondent was tried in Cumberland Superior Court before a jury and found guilty of the crime of operating a motor vehicle on a public way while under the influence of intoxicating liquor.

Part of the evidence adduced by the State was that of the arresting officer, who testified that immediately after his arrest the respondent “swerved” and “staggered” when requested to walk. The respondent admitted an unsteady manner of walking, but contended it was due to physical impairment of his feet brought about by disease and several operations. Through his counsel he requested permission to…