People v. Morrissey

Defendant appeals his conviction of driving while under the influence of intoxicating liquor 1 entered upon a jury’s verdict.

Upon appeal defendant argues that the trial court abused its discretion in refusing to grant a midtrial continuance to permit defendant to seek a witness whose name was disclosed in the cross-examination of the arresting officer, and that defendant was not proven guilty beyond a reasonable doubt.

Upon the first issue, there is no contention of a failure in discovery by the prosecution. During cross-examination of the arresting officer, counsel inquired whether defendant…