State v. Thomson

The opinion of the court was delivered by

Parker, C. J.:

This is a criminal action in which the defendant was convicted by a jury for unlawfully operating a motor vehicle upon a public highway, while under the influence of intoxicating liquor, in violation of G. S. 1959 Supp., 8-530.

The evidentiary facts, events and circumstances giving rise to the institution of the action may be stated tihus.

On February 16, 1960, at approximately 8 p. m., Carlys Johnson, who was returning to his furniture store located near the intersection of K-10 Highway and Nieman Road in Johnson County, observed a…