McMurry v. State

SAMFORD, Judge.

The evidence for the State tended to prove the charge as laid in the complaint. That for the defendant tended to prove the contrary. This made the question one of fact to be decided by the jury, and the court properly so charged.

The insistence made by the appellant is that the court erred to a reversal in refusing to give at the request of the defendant, in writing, Charge A as follows:

“The defendant must have been under the influence of intoxicating liquor at the time he was driving the motor vehicle, and the intoxication was such that it could or did interfere with the proper…