People v. Fair

McCOY, J. pro tem. *

This ease is before us on certification from the Appellate Department of the Superior Court for Los Angeles County pursuant to rule 63, California Rules of Court.

Section 367d of the Penal Code, enacted in 1911, reads: “Any person operating or driving an automobile, motor cycle or other motor vehicle who becomes or is intoxicated while so engaged in operating or driving such automobile, motor cycle or other motor vehicle shall be guilty of a misdemeanor. ’' The question put to us by the order certifying the cause is whether the word “intoxicated” appearing in section 367d…