State v. Winberg

I. M. Olsen, Justice.

Defendant appeals from an order denying his motion for a new trial. He was convicted of the crime of driving an automobile on the highway while under the influence of intoxicating liquor.

On October 17,1934, defendant and one Owen H. Lewis were traveling in an automobile, approaching the city of Albert Lea from a westerly direction. They intended to go into that city. At a point about one mile west of the city the car went off the highway into a ditch and up against an embankment. Lewis was injured so that he died about three days thereafter. The car belonged to the…