State v. Allen

McBRXDE, J.- —

Taking up the first assignment, we are clearly of the opinion that the evidence of the witnesses in regard to defendant’s apparent state of intoxication is admissible: Underhill on Evidence (1 ed.), p. 168; 16 C. J. 759. In American Bauxite Co. v. Dunn, 120 Ark. 1 (178 S. W. 934, Ann. Cas. 1917C, 625, 626), the court used the following language:

“Whether a person is drunk or sober, or to what extent he is affected by intoxication is frequently determined by the direct answers of those who have seen and know the person than by their description of his conduct; Whether a person is…