Hale v. Commonwealth

I concur in Part I of the opinion and join in the judgment affirming appellant’s convictions. However, I do not join in Part II of the opinion because I disagree with the breadth of the majority’s reasoning. I would hold that the evidence was sufficient to sustain appellant’s conviction for illegal underage possession of alcohol because (1) appellant admitted possessing beer in Lee County earlier in the day before his accident, and (2) Trooper Flannary observed that appellant’s eyes were bloodshot and detected the odor of alcohol while in appellant’s presence. Where the accused has fully…