SMITH v. STATE

No. 3-1183A376.

462 N.E.2d 1333 (1984)

Thomas R. SMITH, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

May 9, 1984.


Attorney(s) appearing for the Case

Richard J. Thonert, Romero & Thonert, Fort Wayne, for appellant.

Linley E. Pearson, Atty. Gen., Cheryl L. Greiner, Deputy Atty. Gen., Indianapolis, for appellee.


HOFFMAN, Judge.

Appellant Thomas R. Smith was convicted of driving while intoxicated, IND. CODE § 9-4-1-54. On appeal, Smith contends that the evidence produced at trial was insufficient to support the judgment of conviction.

On March 13, 1983, Officer Richard Stoner of the Fort Wayne Police Department stopped Smith's vehicle due to a taillight malfunction. Smith had a strong odor of alcohol on his breath and was very unsteady on his feet. Officer Stoner...

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