State v. Finley

Defendant John LeRoy Finley appeals from a judgment of the district court, Lewis and Clark County, of conviction for driving a motor vehicle upon the highways while under the influence of intoxicating liquor.

On the night of January 18, 1976, defendant’s wife left their family home after an argument with defendant. Defendant drove his automobile on the city streets of Helena, Montana, in an attempt to locate his wife. When defendant’s wife discovered defendant was driving the family car, she telephoned the Helena city police and reported defendant was driving while intoxicated. The police…