State v. Chapple
| Decision Date | 18 July 1977 |
| Docket Number | No. 12483,12483 |
| Citation | 567 P.2d 20,98 Idaho 475 |
| Parties | STATE of Idaho, Plaintiff-Respondent, v. Bobbie K. CHAPPLE, Defendant-Appellant. |
| Court | Idaho Supreme Court |
Larry M. Boyle of Hansen & Boyle, Idaho Falls, for defendant-appellant.
Wayne L. Kidwell, Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., Boise, for plaintiff-respondent.
Appellant was found guilty in the magistrate division of the district court of the offense of driving under the influence of alcohol. The car in which appellant was riding at the time of his arrest was stopped after the arresting officer observed the vehicle swerve off the highway and stir up dust from the barrow-pit alongside the road. This officer was the only witness who testified at trial and he stated that as he approached the stopped car he observed appellant sitting behind the steering wheel and a woman sitting in his lap. The officer testified that appellant then slid out from beneath the woman, across the front seat of the car to the passenger side, leaving the woman alone behind the wheel. Both appellant and his female companion were administered sobriety tests and appellant was thereafter arrested and charged with driving under the influence of alcohol and/or drugs, pursuant to I.C. § 49-1102.
In the subsequent trial to the court, the Magistrate Court found appellant guilty as charged. Appellant's motion for reconsideration was denied and on appeal to the district court his conviction was affirmed. On appeal to this court, appellant argues that the state failed to prove beyond a reasonable doubt that appellant had violated I.C. § 49-1102.
I.C. § 49-1102 reads as follows 1
On appeal, appellant does not dispute the finding that he was intoxicated, but instead contends that the state failed to prove that he was either driving the automobile or was in actual physical control of the car as required by I.C. § 49-1102.
The defendant first appealed to the district judge division of the district court. The district judge held that there was "such quantum" of unrebutted testimony as to sustain the conviction. We agree.
A conviction may be based on circumstantial evidence, and the conclusion of guilt may be based on proof of the circumstances and the probable deductions which flow therefrom. State v. McLennan, 40 Idaho 286, 231 P. 718 (1925); See also State v. Price, 93 Idaho 615, 469 P.2d 544 (1970), cert. den. 400 U.S. 959, 91 S.Ct. 359, 27 L.Ed.2d 268; State v. Ponthier, 92 Idaho 704, 449 P.2d 364 (1969). Here, the evidence is...
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State v. Alger
...v. Jiminez, 21 Cal.3d 595, 147 Cal.Rptr. 172, 580 P.2d 672 (1978); State v. Freeman, 574 P.2d 950 (Kan.1978); See State v. Chapple, 98 Idaho 475, 567 P.2d 20 (1977); State v. Griffith, 97 Idaho 52, 539 P.2d 604 (1975); State v. Bullis, 93 Idaho 749, 472 P.2d 315 (1970); State v. Oldham, 92 ......
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State v. Paradis
...reliance upon these arguments is misplaced since a defendant can be convicted solely on circumstantial evidence. State v. Chapple, 98 Idaho 475, 567 P.2d 20 (1977); State v. Ponthier, 92 Idaho 704, 449 P.2d 364 (1969). The state presented a strong circumstantial case against appellant. He w......
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State v. Johns
...will not be disturbed on appeal where there is substantial and competent evidence to support the judgment." State v. Chapple, 98 Idaho 475, 476, 567 P.2d 20, 21 (1977). See also State v. Gerdau, 96 Idaho 516, 531 P.2d 1161 (1975); State v. Badger, 96 Idaho 168, 525 P.2d 363 (1974); State v.......
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Paradis v. State
... ... [Paradis] also argues that the prosecution did not sufficiently prove beyond a reasonable doubt that the murder was committed in Kootenai County. Appellant's reliance upon these arguments is misplaced since a defendant can be convicted solely on circumstantial evidence. State v. Chapple, 98 Idaho 475, 567 P.2d ... Page 1309 ... [110 Idaho 537] 20 (1977); State v. Ponthier, 92 Idaho 704, 449 P.2d 364 (1969). The state presented a strong circumstantial case against appellant. He was placed at or near the scene where the victim's body was found, in the company of a person, ... ...