Commonwealth v. T.J. Barnard

Opinion by

Keller, J.,

Appellant was found guilty, on December 15, 1927, of operating a motor vehicle while under the influence of intoxicating liquor's, and was sentenced, on May 29, 1928, to pay a fine of $200 and undergo an imprisonment in the Greene County jail for a period of twenty days. He files three assignments of error.

The first is to the refusal of the court below to grant a new trial, in order that appellant might show that State Policeman Flanigan, who had testified at the trial that he was present when State Policeman Knudson arrested appellant, actually was not there, and that…