Legal Opinion · Concurrence

City of Easley v. Portman

Court of Appeals of South Carolina

Decided July 21, 1997No. 2698Published

1ConcurrenceAnderson, Judge

I concur in the result reached, but write separately to express my views thereon. In my opinion, the trial judge correctly determined there was sufficient circumstantial evidence of the corpus delicti to submit the charge of driving under the influence (DUI) to the jury.

I. SOUTH CAROLINA DUI LAW

Portman was charged with violating S.C.Code Ann. § 56-5-2930 (1991), which provides in pertinent part “[i]t is unlawful for any person ... who is under the influence of intoxicating liquors, narcotic drugs, barbiturates, paraldehydes or drugs, herbs or any other substance of like character, whether…

2Cases cited51 opinions

  1. State v. SinovichSupreme Court of Missouri · 1932
  2. Pressley v. StateSupreme Court of Georgia · 1946
  3. State v. EpesSupreme Court of South Carolina · 1946
  4. Parrish v. StateSupreme Court of Florida · 1925
  5. State v. OwensSupreme Court of South Carolina · 1987

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