State v. Hurd

Upon a trial before a jury, defendant was convicted of the crime of operating a motor ve- Riele “while under the influence of, or affected by, intoxicating liquor,” and from the judgment of conviction he now appeals.

The facts material to the questions raised upon the appeal are as follows: On January 3, 1939, an information was filed, charging appellant with the crime of operating a motor vehicle “while under the influence of intoxicating liquor.” Appellant was arraigned on that charge and pleaded “not guilty.” After a mistrial in November, 1939, the trial court, on February 10, 1940, granted…