Fuston v. State
| Decision Date | 29 January 1965 |
| Parties | , 215 Tenn. 401 L. D. FUSTON v. STATE of Tennessee. |
| Court | Tennessee Supreme Court |
Bryson & Bryson, Woodbury, for L. D. Fuston.
George F. McCanless, Atty. Gen., Marne S. Matherne, Asst. Atty. Gen., Nashville, for the State.
The Plaintiff in Error, hereinafter referred to as the Defendant or by name, was convicted of involuntary manslaughter and sentenced to not less than one nor more than five (5) years in the penitentiary for the death of Betty Sue Arnett who was killed in an automobile accident.
The accident occurred at an unmarked intersection in Cannon County, Tennessee, when a truck driven by the Defendant collided with an automobile driven by Billy Bell. The deceased was a passenger in the Bell car and was seated on the right-hand side of the front seat.
Bell testified that on April 10, 1962, at about 7:00 P.M. he went to the Arnett home, picked up the deceased and approached the intersection where the accident happened from the West, travelling toward the East. Bell stated that as he came up to the intersection, he didn't see anything, started on through, and that the Defendant's truck, with no lights burning, crashed into the side of the Bell car, killing Miss Arnett and seriously injuring the driver. This witness positively testified that the lights on the Defendant's truck were not burning at the time of the accident. The Defendant's truck entered the intersection from the South and, according to the evidence and the pictures, hit the Bell car about the center of the right side. The indictment charged the Defendant with operating a motor vehicle while under the influence of an intoxicant and thereby causing the death of the deceased. Several witnesses who observed the Defendant at the scene of the accident testified that the Defendant was drinking and had the odor of alcohol on his breath.
The Sheriff of Cannon County testified that he was called to the scene of the accident and that he had a conversation with the Defendant at the scene, asking him how the accident happened. In the course of his investigation, the Sheriff testified that he found a cold drink bottle or two in the truck and a bottle that usually contains whiskey. The Sheriff identified a liquid which he found on the floorboard as whiskey. The Sheriff arrested the Defendant and a companion, one Clarence Bass, for being drunk.
Other witnesses testified to seeing the Defendant in the afternoon of April 10, 1962, and that he was drinking.
The Defendant makes three assignments of error, the first two dealing with the evidence. It is well settled in this State that a conviction in a criminal case will not be reversed on the facts unless it is shown that the evidence preponderates against the verdict of guilt and in favor of the innocence of the accused. Ford v. State, 184 Tenn. 443, 201 S.W.2d 539; Chadwick v. State, 189 Tenn. 256, 225 S.W.2d 52; ...
To continue reading
Request your trial
-
Griffin v. State
...by some 1 and praised by others 2, but it has been consistently followed by the appellate courts of this State. See Fuston v. State, 215 Tenn. 401, 386 S.W.2d 523 (1965); Hardin v. State, 210 Tenn. 116, 356 S.W.2d 595 (1962); Edwards v. State, 202 Tenn. 393, 304 S.W.2d 500 (1957); McGoldric......