Bates v. State

The majority opinion does not mention certain evidence which marks this case unusual, namely that the appellant testified that he had taken six drinks of whisky prior to his arrest from the practically empty bottle found in the glove compartment of his car, and did not deny that he failed to stop at the stop sign.

Appellant and his witnesses testified, however, that he was sober and denied that he staggered or talked with a thick tongue, as the arresting officer said he did.

The statement attributed to appellant to the effect that he *418knew he had had too much to drink must be appraised in the…