Berry v. City of Springdale

Carleton Harris, Chief Justice.

The issue in this case is whether appellant, Homer Berry, was guilty of public drunkenness. On August 3,1963, Berry was apprehended by Patrolman Bill Smith of the City of Spring-dale, and charged with the offense of drunkenness. Smith testified that about 1:45 A.M., he noticed appellant’s truck stopped near the regular driving portion of Highway No. 71 in Springdale. According to the officer’s testimony, the truck was not more than twenty-five feet, and not less than ten feet, from the paved portion of the highway, and was on the right of way. Smith’s attention…