Messersmith v. State

The appellant was convicted of driving an automobile while under the influence of intoxicating liquor.

He has assigned error upon the overruling of his motion for a new trial.

He relies in his brief upon the contention that the evidence is not sufficient to sustain the conviction. In order to present any question concerning the sufficiency of the evidence, the bill of exceptions must contain all of the evidence. Section 9-2105, Burns’ 1933, §2317, Baldwin’s 1934; Sunderman v. State (1926), 197 Ind. 705, 151 N. E. 829; McMurran et al. v. Hannum (1916), 185 Ind. 326, 113 N. E. 238. The bill of…