Johnson v. State

In this case two questions are presented to the Court for determination, id est, whether the defendants were so intoxicated at the time of the alleged offense that they could not entertain an intent to commit the crime, and second, whether the trial court showed an abuse of discretion in denying a motion for new trial based on the ground of newly discovered evidence.. Briefly, the testimony discloses that the defendants were parked in their car beside the road and were taken into custoday by the State witness, a deputy sheriff. After they had proceeded but a short distance, the defendants…