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State v. Franklin10/18/1999
ence in favor of the state. See State v. Sheffield, 676 S.W.2d 542, 547 (Tenn. 1984); State v. Cabbage, 571 S.W.2d 832, 835 (Tenn. 1978).
The statute prohibiting DUI provides as follows:
It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys . . . while:
(1) Under the influence of any intoxicant . . .; or
(2) The alcohol concentration in such person's blood or breath is ten-hundredths of one percent (.10%) or more. Tenn. Code Ann. § 55-10-401(a).
Pursuant to Tenn. Code Ann. § 55-10-201, any person who aids or abets in the commission of driving while under the influence of an intoxicant as a principal, agent or accessory is guilty of DUI.
The defendant contends that the state did not prove that the driver of the defendant's car was intoxicated. However, at trial, the defendant admitted that he let a drunk person drive his car. He stated that "a drunk is a drunk, and I don't know who [the driver] was." He stated that the men with whom he was drinking were drinking harder than he was. The jury obviously accredited this portion of the defendant's testimony. In the light most favorable to the state, we hold that the evidence is sufficient. See Williams v. State, 352 S.W.2d 230, 230 (Tenn. 1961) (holding that the defendant "was the owner of the car, was present on the front seat with [the driver], permitted him to drive the car, knowing he was drunk, and thus was guilty of .").
In consideration of the foregoing and the record as a whole, we affirm the judgment of conviction.
Joseph M. Tipton, Judge
CONCUR:
John Everett Williams, Judge
Alan E. Glenn, Judge
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