State v. Ford

OPINION

SCOTT, Judge.

The appellant was convicted of driving under the influence of an intoxicant, third offense. He was sentenced to serve eleven months and twenty-nine days in the county jail and was fined $1,000.00. On appeal he has presented four issues. In the first he challenges the sufficiency of the convicting evidence. In the second he contends that his motion for judgment of acquittal should have been granted since he was not shown to be driving or in “physical control” of the automobile.

The state’s proof consisted of the testimony of Randy Hartselle, a member of the Tennessee Highway…