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Lanford v. People1/10/1966
me.
The last assignment of error raises the question as to whether the trial court's instruction on the meaning of "intoxication" was erroneous in that it stated that one drink of an intoxicating liquor might produce such a mental and physical condition as to render the defendant "under the influence" of alcohol within the meaning of the statute. The argument rests upon the allegation that 1960 Perm. Supp., C.R.S., section 13-4-30(2)(a), as adopted in 1955, caused such instruction [which was apparently based upon wording that appears in Snyder v. Denver, 123 Colo. 222, 227 P.2d 341 (1951)] to be inaccurate. We note that in the 1955 Amendment the Legislature saw fit to prescribe that a blood alcohol reading of 0.05 per cent or less raises a
presumption that a defendant was not under the influence of intoxicating liquor. We find the alleged error to be without merit. See: Garcia v. People, 121 Colo. 130, 213 P.2d 387 (1949), and Stevens v. People, 97 Colo. 559, 563, 51 P.2d 1022 (1935).
The judgment is affirmed.
Disposition
Affirmed.
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