Smith v. Kilburn

BROCK, Judge.

Defendant assigns as error the admission of certain testimony by Officer B. F. Smith, and the court’s refusal to allow defendant’s motion to strike that testimony. Officer Smith investigated the accident and testified that he detected an odor of alcohol on defendant’s breath. Officer Smith then testified, over objection, that he found a curved' cork stopper in defendant’s automobile. This cork was about an inch long and had part of a stamp or piece of paper attached to it. Officer Smith testified that he found an alcoholic beverage bottle at the scene of his investigation, and…