Supreme Court of Louisiana, 1989

State v. Christy

State v. Christy
Supreme Court of Louisiana · Decided November 17, 1989 · Dixon, Lemmon, Lindinger
551 So. 2d 616; 1989 La. LEXIS 2685; 1989 WL 139025 (Southern Reporter, Second Series)

State v. Christy

Opinion of the Court

In re Christy, Plessey L.; —Defendant(s); Applying for Supervisory and/or Remedial Writs; Parish of Lincoln 3rd Judicial District Court Div. “A” Number 32,561; to the Court of Appeal, Second Circuit, Number 21464-KW.

Granted. Reversed. No proof of driving while intoxicated.

DIXON, C.J., concurs. See State v. Lindinger, 357 So.2d 500 (La. 1978).

Dissenting Opinion

LEMMON, J.,

dissents. When the trial judge rejected defendant’s implausible explanation of the circumstances found by the officer, that hypothesis of innocence fell, and the defendant is guilty unless there is another hypothesis which creates a reasonable doubt. State v. Captville, 448 So.2d 676 (La. 1984).

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