State v. Lewis

This is a criminal complaint charging that on May 22, 1959 the defendant operated an automobile while under the influence of intoxicating liquor in violation of general laws 1956, §31-27-2. The pertinent part of that statute reads: “It is unlawful * * * for any person who is under the influence of intoxicating liquor or of narcotic drugs tO' drive or be in actual physical control of any vehicle within this state.” After a trial and conviction in the district court, the defendant appealed to the superior court for a trial de novo.

On September 23, 1959 defendant, with leave of the superior…