State v. Bruce

The respondent was tried by jury in the Brattleboro Municipal Court on his plea of not guilty to the charge that he operated “a motor vehicle on, along and upon the public highway, to wit: Western Avenue in said Brattleboro while under the influence of intoxicating liquor.”

The case went to the jury without the introduction of any evidence by the respondent. The jury returned a verdict of guilty upon which the court entered judgment and respondent’s appeal followed.

Respondent’s appeal raises two questions, namely, was there evidence to prove (1) that the respondent operated his motor vehicle…