Patterson v. State

Undercofler, Justice.

This is an appeal from a conviction of murder with a recommendation of mercy. The defendant drove his automobile into the deceased, an 11-year old girl, who was standing at a mail box located in front of her home five feet off the paved portion of the road. The defendant enumerates as error the admission of the following evidence over his objections: 1. Testimony of a State expert witness that “anything from 1.0 to 1.5 milligrams [of alcohol in the defendant’s blood] is considered under the influence but not definitely intoxicated” where the jury was not instructed that…