State v. Coburn

The respondent, Roy M. Coburn, was found guilty of operating a motor vehicle while under the influence of alcoholic liquor, in violation of 23 V.S.A. §1183. The alleged offense occurred in Windsor, Vermont, on the afternoon of August 31, 1957. The respondent appeals and assigns error to the trial court’s instructions to the jury.

A stewardess at the Windsor Country Club served the respondent a drink of whiskey shortly after two o’clock. After consuming the drink the respondent drove away in his car. Although the stewardess served the respondent but one drink, she thought he was under the…