State v. Johnson

I dissent. As I view the evidence, no error was committed by the trial court in submitting to the jury the question of whether defendant was under the influence of intoxicating liquor at the time of the accident. The deceased was fatally injured by having been run into and knocked down by an automobile at about 7:15 in the evening. The chief of police saw the defendant at his home at about Í0 o’clock or a little later the same night. The chief testified that at this time he detected a strong odor of liquor on the breath of defendant. It is said in the prevailing opinion that this is all the…