DOWELL v. STATE

No. CR 84-83.

671 S.W.2d 740 (1984)

283 Ark. 161

Tommy DOWELL, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

July 9, 1984.


Attorney(s) appearing for the Case

Harkey, Walmsley, Belew & Blankenship by John M. Belew, Batesville, for appellant.

Steve Clark, Atty. Gen. by Jack Gillean, Asst. Atty. Gen., Little Rock, for appellee.


PURTLE, Justice.

This is an appeal from the Circuit Court of Independence County where appellant was convicted of driving while under the influence of intoxicating liquor. The issue on appeal is whether appellant was in "actual control" of his vehicle within the meaning of the DWI Statute. We hold that he was not.

On October 31, 1982, appellant was found asleep in his automobile which was parked with the motor not running, in the driveway of a business near...

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