Rains v. State

Alabama Court of Appeals

Rains v. State

44 So. 2d 281, 35 Ala. App. 128, 1950 Ala. App. LEXIS 351

CourtAlabama Court of Appeals

DecidedJanuary 31, 1950

Docket7 Div. 53

StatusPublished

This text of 44 So. 2d 281 (Rains 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

Rains v. State, 44 So. 2d 281, 35 Ala. App. 128, 1950 Ala. App. LEXIS 351 (Ala. Ct. App. 1950).

Pincite

Opinion

CARR, Judge.

The accused was convicted in the lower court on a charge of operating a motor vehicle upon a public highway while intoxicated.

Demurrers were interposed to the complaint. However, the record does not contain a formal judgment of the action of the court incident thereto. Paletz et al. v. Tayloe et al., 230 Ala. 131, 159 So. 836.

The cause was tried by the court without the aid of a jury. The defendant was adjudged guilty, and a fine of $100.00 was imposed.

The evidence in the case consists of the testimony of the two arresting officers. The appellant did not offer any evidence.

[129]*129The officers testified that they observed the defendant' while he was driving an automobile along the public highway in DeKalb County, Alabama. His manner of operating the vehicle invited their investigation. They stopped the car and observed that the appellant was, in fact, in a drunken condition. The arrest was made forthwith and the prosecution followed.

Clearly the evidence sustains the adjudication of guilt.

The judgment of the court below is due to be affirmed. It is so ordered.

Affirmed.

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