STATE v. MARBURY


908 S.W.2d 405 (1995)

STATE of Tennessee, Appellee, v. Rodney MARBURY, Appellant.

Court of Criminal Appeals of Tennessee, at Jackson.

March 29, 1995.


Attorney(s) appearing for the Case

Gary F. Antrican, District Public Defender, Shana C. McCoy, Asst. Dist. Public Defender, Somerville, for the Appellant.

Charles W. Burson, Attorney General & Reporter, George P. Linebaugh, Jr., Counsel for the State, Criminal Justice Division, Nashville, TN, Elizabeth T. Rice, District Attorney General, Christopher S. Marshburn, Asst. Dist. Attorney General, Somerville, for the Appellee.


OPINION

SUMMERS, Judge.

Appellant Rodney Marbury was convicted by a jury of driving under the influence of an intoxicant. The Circuit Court at Fayette County denied his motion for a new trial. Marbury appeals, challenging the sufficiency of the convicting evidence. We respectfully reverse the judgment of the trial court and dismiss the DUI conviction.

At trial the state called three Somerville police officers as witnesses. The defense rested without...

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