Bickerstaff v. State

The defendant, Delton Bickerstaff, was convicted of manslaughter. The Court of Criminal Appeals reversed,516 So.2d 798 holding that if a significant period of time lapses between the time of a traffic accident and the time witnesses observe a party involved in the accident and conclude that he was intoxicated, and it is shown that during that interim the party had access to alcohol, then as a matter of law, the witnesses cannot testify that the party was intoxicated at the time of the accident. We reverse the decision of the Court of Criminal Appeals and hold that it is the duty of the trier…