State v. Swaringen

The crime with which defendant Swaringen was charged consists of two essential elements: (1) driving a motor vehicle on the public highways, and (2) operation of such vehicle while under the influence of intoxicating liquors. S. v. Hairr, 244 N.C. 506, 94, S.E. 2d 472.

The criminal charge directed a,t defendant Thomas consists of these two elements plus the asserted fact that he aided and abetted in such operation.

Defendants’ pleas of not guilty put in issue e-ach essential element of the crimes charged. S. v. McLamb, 235 N.C. 251, 69 S.E. 2d 537; S. v. Cuthrell, 233 N.C. 274, 63 S.E. 2d 549;…