State v. Taylor

The respondent was tried and found guilty of the crime, set out in our statutes, Chap. 29, Sec. 88, “Whoever shall operate or attempt to operate a motor vehicle upon any way, or in any other place when intoxicated or at all under the influence of intoxicating liquor or drugs, upon conviction, shall be punished, etc.”

During the trial two exceptions were noted, to the admission of a question during cross-examination of respondent, and to refusal to give a requested instruction to the jury.

Regarding the evidence, respondent was being tried for an alleged misdemeanor.

The fact in issue was whether…