Rainey v. State

SIMPSON, Judge.

The case was tried without a jury.

The appeal is from a conviction of driving a motor vehicle upon a highway of this State while intoxicated. Code 1940, Title 36, Sec. 2.

While the defendant’s guilt was not abundantly sustained by the evidence adduced, we do think, and hold, that the proof was sufficient to support the lower court’s conclusion on this issue.

The cause must be reversed, however, for the admission of illegal evidence.

The evidence was not without conflicting inferences, and the rule is that the admission of illegal evidence raises the presumption of injury,…