People v. Pugh
People v. Pugh
Opinion of the Court
OPINION
Bartholomew M. Pugh, the appellant, hereinafter the defendant, was convicted of the offense of operating a motor vehicle while under the influence of intoxicating liquor, in violation of Section 23405(a) of the Government Code of Guam. The defendant’s sole contention on appeal is that the evidence was not sufficient to prove .the offense.
While it is true that no sobriety test was given, this Court pointed out in Marte v. Government of Guam, 115 F.Supp. 524, (1953):
It is true that many conditions of common experience give rise to opinions or conclusions that are treated as facts — the sum total of visual or other sensations may be quite a reliable indication of the facts.
In the Marte case we reversed because the arresting officers had not stated the facts leading to their conclusions and the doctor who gave the sobriety test did not make an examination, although he concluded that the defendant was drunk. In the present case we have the erratic driving of the defendant, bloodshot eyes, the vomit in the car and on the clothing of the defendant, the presence in the car of a bottle marked “Vodka”, the failure of the defendant to fasten his pants, and his staggering condition. The conclusion of being under the influence of intoxicating liquor was thoroughly justified. It is noted that this case is being heard by a two-judge court and that the parties have
Reference
- Full Case Name
- THE PEOPLE OF THE TERRITORY OF GUAM v. BARTHOLOMEW M. PUGH
- Status
- Published