Berry v. State

BEAUCHAMP, Judge.

The appellant was convicted in the District Court of Carson County for the offense of driving an automobile upon a public highway while intoxicated and was given a penalty of five days in jail and a fine of $50.00.

There are no bills of exception in the case. Appellant filed a motion for an instructed verdict at the close of the testimony on the theory that the evidence was insufficient to support a conviction.

Appellant also filed a motion to have a mistrial declared before the case was argued to the jury and after the close of the evidence. The ground for the motion sets out…