State v. Comerford

HOFFMAN, Judge.

The State of Indiana by its Attorney General (State) appeals a judgment of acquittal in favor of David Comerford (Com-erford). The trial court found Comerford not guilty of illegal consumption of alcohol,1 a Class C misdemeanor. The State premises its appeal on IND.CODE § 35-38-4-2.

The evidence relevant to this appeal discloses that Comerford, a minor, consumed four or five beers while visiting his mother's home on the evening of September 1, 1984. Later that evening, Comerford was *994stopped at a roadblock in Valparaiso, Indiana as he was driving home. After administering a…