Nichols v. State

The appellant George D. Nichols was tried and convicted of the offense of unlawfully operating a motor vehicle on and over a public highway “while under the influence of intoxicating liquor.”

The testimony on the issue of fact as to whether or not the accused was driving his car on the highway while under the influence of intoxicating liquor is sharply in conflict but there was ample testimony to warrant the jury in finding him guilty of the offense charged, and he was not therefore entitled to a directed verdict in his favor.

The second assignment of error is the refusal of an instruction on…