State v. Marshall

Littlejohn, Justice.

The appellant was charged with and convicted by a jury of driving a motor vehicle while under the influence of intoxicating alcohol in violation of Section 46-343 of the Code of Laws of South Carolina fo,r 1962.

The sole question before this court is whether the trial judge erred in refusing to direct a verdict of not guilty at the end of the State’s case and/or at the conclusion of all the evidence.

The evidence reveals that the appellant was driving his motor vehicle along a highway in Marion County during a rain, when it went off the left side of the highway.

When the…