State v. Robinette

HARRIS, Justice.

Defendant appeals his conviction of operating a motor vehicle while under the influence of an alcoholic beverage. His two assignments are addressed to inquiries made of the jury by the trial court during deliberations and to instructions. We affirm.

There was ample evidence to produce a jury question on the elements of the offense. Defendant offered evidence tending to explain away the State’s showing of erratic driving and his inability to perform balance tests. The issues were sharply joined. The jury may well have encountered difficulty in agreeing the State met its burden…