State v. Smith

This is a criminal prosecution by complaint and warrant against the respondent for operating a motor vehicle upon a public way while under the influence of intoxicating liquor, and upon appeal from the Municipal Court for the City of Portland to the Superior Court where it was tried before a jury.

The officer making the arrest testified that the respondent operated his automobile in such an unusual manner as to attract his attention to it when he was approaching from the opposite direction, the respondent was unsteady on his feet, fell while going down a flight of steps at the police station,…