City of Sioux Falls v. Wolf

Defendant is here complaining'1 of the judgment and sentence on a jury verdict in the municipal court of the City of Sioux Falls for driving a motor vehicle while under the' influence of intoxicating liquor.

The only errors assigned on this appeal relate to’ the giving and refusal of instructions. No question of the sufficiency of the evidence to sustain the conviction is presented.

Defendant first urges that the court committed prejudicial error in refusing the following instruction:

“You are instructed that the defendant is presumed to be innocent and that this presumption attends him…