State v. Tacey

The respondent was convicted of operating a motor vehicle, to wit, an automobile, while under the influence of intoxicating liquor in violation of Act No. 70, section 87, Laws of 1925. The first exception is to the refusal of the court to direct a verdict for the respondent. Whether this should have been done depends upon the construction to be given to certain provisions of the act referred to, since the evidence respecting what respondent did was undisputed, and no claim is here made but that he was under the influence of intoxicating liquor.

Section 3, par. 2 of the statute in question…