Rose v. State

Following trial to the court, defendant-appellant Ricky Allen Rose was convicted of the crime of operating or driving a vehicle while under the influence of intoxicating liquor. 1 His motion to correct errors was overruled, and he subsequently perfected this appeal.

On appeal, Rose first contends that the trial court erred in denying his motion for involuntary dismissal at the close of the State’s case-in-chief. However, the record discloses that the appellant presented evidence in his behalf following the overruling of such motion. In these circumstances, any error occasioned by the ruling of…