Davis v. State

Leslie Howard Davis was convicted of driving under the influence of alcohol or narcotic drugs in violation of Alabama Code 1975, § 32-5A-191. Sentence was sixty days in the county jail.

I

The district attorney's information charged that the defendant was operating a motor vehicle "while under the influence of intoxicating liquors or narcotic drugs." Contrary to the expressed opinion of the circuit judge, this information was not defective under Smith v. State, 435 So.2d 158 (Ala.Cr.App. 1983). In Smith, the information was fatally defective "because it [did] not specify whether the defendant…