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Acklin v. State

October 13, 1998

JESSIE A. ACKLIN A/K/A JESSIE ALFORD APPELLANT ACKLIN
v.
STATE OF MISSISSIPPI APPELLEE



Before McMILLIN, P.j., Coleman, And Southwick, JJ.

The opinion of the court was delivered by: McMILLIN, P.j.

DATE OF JUDGMENT: 08/08/96

TRIAL JUDGE: HON. GEORGE B. READY

COURT FROM WHICH APPEALED: DESOTO COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: CAUSING DEATH OR INJURY TO ANOTHER PERSON WHILE OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR: SENTENCED TO SERVE A TERM OF 15 YRS IN THE MDOC, WITH THE LAST 5 YRS SUSPENDED, PENDING GOOD BEHAVIOR

DISPOSITION: AFFIRMED - 10/13/98

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

¶1. Jesse Acklin has appealed his conviction under Section 63-11-30(4) of the Mississippi Code for causing the death of Susan Thompson by operating an automobile in a negligent manner while under the influence of alcohol. Acklin complains (a) that the trial court erred in admitting the results of a laboratory analysis of his blood alcohol level and (b) that the evidence of his intoxication at the time of the accident was insufficient as a matter of law to sustain the conviction. We disagree and affirm his conviction.

I.

Facts

ΒΆ2. Acklin was driving his vehicle when he was involved in a head-on collision with another vehicle on a public highway in DeSoto County. Susan Thompson, a passenger in the other vehicle, received substantial injuries in the accident and was pronounced dead at the scene. There was evidence that, in the moments before the accident, Acklin's vehicle was swerving back and forth out of the proper lane of travel and into the path of oncoming vehicles. Thompson's husband testified to taking evasive measures to avoid a collision but he was unable to do so. The State contended that it was the erratic path of Acklin's vehicle that caused the accident. Acklin was apparently not seriously injured in the accident, though he did receive a blow to the head. Medical personnel at the scene, as well as investigating officers, testified that they noticed the smell of alcohol coming from Acklin, that he was unsteady on his feet, and that his speech was slurred. A police officer transported Acklin to a local hospital where a blood sample was drawn and sent to the state crime lab for testing. The test results, ...


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