Larkey v. State

The defendant, James D. Larkey, was charged by an information filed in the county court of Kiowa county with the alleged offense of driving an automobile on the public highway while under the influence of intoxicating liquor; was tried; convicted; and sentenced to serve 30 days in the county jail and to pay a fine of $1; and has appealed.

It is first contended that the evidence is wholly insufficient to sustain the judgment and that the court erred in overruling the defendant’s demurrer to the evidence and further erred in refusing to instruct the jury to return a verdict of not guilty at the…