State v. Jenkins

MORRIS, Judge.

Defendant assigns error to the trial court’s instructing the jury that “in the opinion of the officer, the defendant was under the influence of some intoxicating liquor.” It is his contention that the court erred in recapitulating incompetent evidence to the jury. However, the competency of this statement is not before us inasmuch as no motion was made to strike the statement and no exception to its competency has been brought forward. Thus, we consider only whether the trial court properly stated the evidence before the jury. It is true that the officer did not testify that in…