State v. Traver

I. M. Olsen, Justice.

Defendant was convicted of the crime of driving an automobile on the public highway while under the influence of intoxicating liquor, and appeals from an order denying his motion for a new trial and from the judgment of conviction.

The first ground assigned and urged for the reversal of the order is that the court erred in denying defendant’s motion for a dismissal of the action at the close of the evidence presented by the state before any evidence was introduced by the defendant. The ground of such motion was that the state had failed to prove the crime charged.…