Martin v. State

This conviction was for unlawfully driving an automobile upon a public highway while under the influence of an intoxicant. Errors are assigned challenging first the preponderance of the evidence. The sole question under these assignments is whether or not defendant was at the time under the influence of an intoxicant.

While the evidence is somewhat in conflict, we find no such clear preponderance against the verdict of the jury, approved by the trial Judge, as calls for a reversal by this Court. In every case of conflicting testimony determination of the issue is peculiarly the province of the…