Commonwealth v. Jones

Brownson, P. J.,

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The defendant was indicted for operating a motor-vehicle while under the influence of intoxicating liquor. The case was tried by a jury, which rendered a verdict of acquittal, but imposed the costs upon the defendant. He now asks the court to set aside that part of the verdict relating to the costs, for the reason that he has found since the trial a witness who testifies that he was at the scene of the accident immediately after it occurred, and while the defendant was unconscious as a result thereof, and that he smelled no liquor upon defendant, but did smell liquor upon the…