State v. Stollings

I am unable to agree with the holding of the majority in this case, and am of the opinion that the importance of the question involved, in its bearing upon law enforcement in this State, justifies a rather full discussion thereof.

The indictment charges that defendant “did operate a motor vehicle * * * upon a public road in said Lincoln County, West Virginia, * * * while intoxicated or under the influence of intoxicating liquor, drugs or narcotics * * * in violation of Chapter 17, Article 8, Section 25 of the West Virginia Code of 1943, against the peace and dignity of the State.” The statute…