Joiner v. State

The defendant was indicted for and convicted of the offense of intoxication in a public place and within the curtilage of a private home. The evidence disclosed that he with another went to the house of the prosecutor; that his breath smelled strongly of whisky; that he staggered in his walk; that he remained around the prosecutor’s house for a good while, cursing and hollering. Held:

1. “A witness who had, and was able to improve, suitable opportunities for observation, may state whether a person was intoxicated and the extent of his intoxication. 22 O. J. 599 (§ 694). . . Drunkenness is…