State v. McKinnon

Otis, Justice.

This matter comes before the court on a writ of prohibition to enjoin the District Court of Martin County from proceeding with the trial of defendant for driving under the influence of intoxicating liquor.

Defendant was arrested by police officers in the early hours of the morning on May 8, 1965, while standing on the highway at the scene of an accident in the city of Fairmont. Although the officers testified that at the time of arrest defendant admitted he was driving one of the vehicles involved in the collision, neither officer witnessed the offense.

On May 13, 1965, defendant…