Nowell v. City of Dothan

I respectfully dissent from the unpublished memorandum issued in this case, wherein this Court concludes that the City of Dothan presented sufficient evidence to support the conviction of Jerry T. Nowell, Jr., for public intoxication, as that offense is defined by § 13A-11-10, Ala.Code 1975. The evidence presented by the City tended to show the following: Nowell was found lying on a bench next to a fountain at Northside Mall in Dothan. When police officers woke him and attempted to move him along, they observed that his eyes were glassy and his speech slurred; he was unsteady on his feet and…