State v. Johnson

A jury found Walter Johnson guilty of driving while under the influence of alcohol. His motions for arrest of judgment or a new trial were denied and he has appealed.

Two questions are raised by the assignments of error. Did the court err by giving instructions to the jury which indicated the defendant could be convicted of driving while under the influence of intoxicating liquor or drugs when there was no charge or evidence he was under the influence of drugs and was error committed by permitting the prosecuting attorney to inquire about his convictions for a similar misdemeanor.

The only…