Gladden v. State

BROWN, Justice.

The petitioner was convicted on his trial before a jury in the law and equity court of the offense of driving a motor vehicle on a highway of the state while intoxicated in violation of the provisions of § 2, Title 36, Code of 1940. On his appeal the judgment of conviction was affirmed. He now complains that the Court of Appeals erred in holding that, “Where however an opportunity for observation is shown, even though slight, a witness should be considered competent to testify as to what he did observe”, 54 So.2d 609.

We think this was within the well established exception to…