State v. . Allen

The record discloses that the defendant and his wife, with another couple, were out together on the evening of 14 January, 1942. After visiting a number of places, they drove to Benson’s Filling Station and arrived there about one o’clock a.m. The party wanted to get something to eat. Defendant had been drinking rather heavily and was abusive and quarreling with his wife. The filling station was closed. The defendant left the car for the purpose of waking up the owner of the filling station. While the defendant was gone, the other members of the party decided it would be best for them to…