Dowell v. State

John I. Purtle, Justice.

This is an appeal from the Circuit Court of Independence County where appellant was convicted of driving while under the influence of intoxicating liquor. The issue on appeal is whether appellant was in "actual control’ ’ of his vehicle within the meanings of the DWI Statute. We hold that he was not.

On October 31, 1982, appellant was found asleep in his automobile which was parked with the motor not running, in the driveway of a business near the highway. His keys were in the seat of the vehicle by appellant’s side. At the time of the alleged offense Ark. Stat. Ann. §…