State v. Massery

David Newbern, Justice.

The state has appealed the acquittal of the appellee, David Massery, who was tried for driving while intoxicated. It is contended that the appeal is authorized by Ark. R. Crim. P. 36.10(b) and (c) because an error has been committed in the trial court which will prejudice the state and review is, as provided in subsection (c) of the rule, required for “the correct and uniform administration of the criminal law.” We find no such issue here and thus dismiss the appeal.

Massery was observed by patroling officers driving erratically in the parking lot of a grocery store. He…