Legal Opinion

Bouleware v. State

Court of Criminal Appeals of Alabama

Decided September 29, 1989No. 5 Div. 530PublishedCited by 3 opinions

1Opinion of the Court

PATTERSON, Judge.

Appellant, Kenneth Wade Bouleware, was convicted, after a jury trial, for driving under the influence of alcohol, in violation of § 32-5A-191, Code of Alabama 1975, and was sentenced to 12 months’ confinement in the county jail and fined $1,000. He appeals, raising one issue.

He contends that the trial court erred to reversal in giving the oral charge to the jury that, “[i]f you’re convinced beyond a reasonable doubt that a person’s blood content is more than .10, then it’s your duty to convict that person regardless of any other evidence.” He relies on Stowes v. State, 513…

2Cases cited2 opinions

  1. Salazar v. StateCourt of Criminal Appeals of Alabama · 1986
  2. Stowes v. StateCourt of Criminal Appeals of Alabama · 1987

3Cited by3 opinions

  1. Martin v. StateCourt of Criminal Appeals of Alabama · 1990
  2. Curren v. StateCourt of Criminal Appeals of Alabama · 1992
  3. Davis v. StateCourt of Criminal Appeals of Alabama · 1991

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