People v. McGrath

THE COURT.

The defendant was convicted in the superior court of a misdemeanor and has appealed from the judgment of conviction, urging as ground for reversal that he was found guilty of an offense with which he was not charged and upon which he was not tried.

The charge set forth in the information was that he drove a,n automobile over and along the public highway “while then and there under the influence of intoxicating liquor.” He entered a plea of not guilty thereto and was subsequently placed on trial before a jury. After deliberating upon its verdict for some time the jury returned into…