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State v. Salisbury1/16/2001
dmitted he had been drinking, had gotten "tripped up" saying the ABC's, could not perform the one-leg stand test, and could not walk a yellow line.
The officers' personal observations and opinions of Salisbury's actions, appearance, and condition constitute direct evidence because it is based on the officers' actual knowledge of the situation and requires no inference by the jury. See generally New York v. Walters, 623 N.Y.S.2d 396 (1995); Nichols, supra; South Dakota v. Edmundson, 379 N.W.2d 835 (S.D. 1985); Nebraska v. Lewis, 128 N.W.2d 610 (Neb. 1964); Connor v. Duffy, 652 A.2d 372 (Pa. Super. Ct. 1994); Murray v. Texas, 689 S.W.2d 247 (Tex. Ct. App. 1985); Minnesota v. Stokes, 354 N.W.2d 53, 56 (Minn. Ct. App.1984); California v. Garcia, 197 Cal. Rptr. 277 (Cal. Ct. App. 1983); Tennessee v. Wiggs, 1995 WL 324602 (Tenn. 1995). Accordingly, we find the direct evidence in this case is sufficient to establish the elements of the crime and the identity of the perpetrator such that the trial court did not abuse its discretion in refusing a circumstantial evidence charge. State v. Carrol, supra.
Conclusion
Based on the foregoing, the Court of Appeals' decision is AFFIRMED as modified.
MOORE, WALLER and BURNETT, JJ., concur.
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