Kennedy v. Commonwealth

The accused was driving on the Ocean View Boulevard at 70 miles an hour when two police officers arrested him. He had a pint bottle half filled with whiskey and according to the testimony of the officers, he was under the influence of intoxicants. When he was taken to the police station the police sergeant there observed him and testified that at that time he was under the influence of intoxicants. The accused testified in his own behalf and admitted that he had taken about five drinks during the evening from the pint bottle which was in the car, but denied that he was under the influence of…