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STATE v. TOWNSEND

No. 11514.

231 N.W.2d 367 (1975)

STATE of South Dakota, Plaintiff and Respondent, v. Frank Lloyd TOWNSEND, Defendant and Appellant.

Supreme Court of South Dakota.

July 3, 1975.

Attorney(s) appearing for the Case

Max A. Gors, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

Patrick J. Kirby, Mitchell, for defendant and appellant.

DOYLE, Justice.

The defendant was convicted by a jury of driving a vehicle while under the influence of alcoholic liquor,1 and appeals.

The facts, viewed in the light most favorable to the jury's verdict, show that the defendant left the Salem city bar about 11 o'clock on the night involved. He then stopped at a Salem gasoline station and purchased some beer. The defendant was next seen unconscious behind the wheel of a wrecked...

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