Overton v. State

I respectfully dissent to this decision. The State relies on the contention that the defendant was intoxicated, becausé the doctor and the' officer testified that they thought the defendant was under the influence of intoxicants. Their testimony related that they “smelled” an alcoholic substance on the defendant. But, the defendant related that the nurse gave him something with which to wash his mouth free of blood, prior to the doctor and the officer’s arrival. It is interesting to note that neither the officer nor the doctor suggested a blood test for alcoholic contents. Nor did the officer…