Prescott v. State

Alabama Court of Appeals

Prescott v. State

219 So. 2d 655, 44 Ala. App. 670, 1969 Ala. App. LEXIS 385

CourtAlabama Court of Appeals

DecidedFebruary 18, 1969

Docket4 Div. 679

StatusPublished

Cited by3 cases

This text of 219 So. 2d 655 (Prescott v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Prescott v. State, 219 So. 2d 655, 44 Ala. App. 670, 1969 Ala. App. LEXIS 385 (Ala. Ct. App. 1969).

Pincite

Opinion

CATES, Judge.

This appeal comes from the Circuit Court of Crenshaw County from a judgment of conviction of the misdemeanor charge of driving while intoxicated.

The only question was whether or not (1) the circumstance of Prescott’s weaving back and forth across the center line and berm as he drove on a road in Crenshaw County toward Coffee County, (2) the circumstances of his falling out of his car when it stopped in Coffee County and (3) [671]*671a highway patrolman smelling alcohol¹ on his breath at that latter time constituted sufficient evidence to show that the offense occurred in Crenshaw County.

After a careful review of the State’s evidence, we consider that the jury’s verdict is based upon sufficient evidence. Moreover, no point on venue was raised under Circuit Court Rule 35.

Under the requisites of Code 1940, T. 13, § 66 (third sentence), we shall not prolong this opinion.

The judgment below is

Affirmed.

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