Legal Opinion

Deloach v. City of Starkville

Court of Appeals of Mississippi

Decided September 27, 2005No. 2004-KM-00928-COAPublishedCited by 4 opinions

1Opinion of the Court

BARNES, J.,

for the Court.

¶ 1. David Shun Deloach was found guilty of driving under the influence, first offense, in the Oktibbeha County Circuit Court. Deloach appeals, arguing that the trial judge erred in failing to sustain his motion for a directed verdict and that the trial court erred in sustaining a conviction for “common law” driving under the influence 1 when the affidavit failed to charge the same. Finding no error, we affirm.

STATEMENT OF FACTS

¶ 2. David Deloach was pulled over by Officer Maurice Johnson of the Starkville Police Department for careless driving on April 6, 2002.…

2Cases cited4 opinions

  1. Young v. City of BrookhavenMississippi Supreme Court · 1997
  2. Leuer v. City of FlowoodMississippi Supreme Court · 1999
  3. Saucier v. City of PoplarvilleCourt of Appeals of Mississippi · 2003
  4. Fluellen v. StateCourt of Appeals of Georgia · 2003

3Cited by4 opinions

  1. City of Wichita v. MolitorCourt of Appeals of Kansas · 2012
  2. Clarence Dwayne Jefferson v. State of MississippiCourt of Appeals of Mississippi · 2014
  3. Krueger v. StateCourt of Appeals of Mississippi · 2014
  4. Stacy L. Miller v. State of MississippiCourt of Appeals of Mississippi · 2014

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