Otte v. State

The defendant was convicted by a jury in the district court for Morrill County of operating a motor vehicle while under the influence of alcoholic liquor. He prosecutes error to this court. Defendant lists several assignments of error. We will discuss only the following assignments: “1. The Court erred in overruling the Plea in Abatement filed by Plaintiff-in-error * * *.

“2. The Court erred in giving Instruction No. 9 on its own Motion.

“3. The Court erred in permitting Dr. W. O. Brown to- testify as to an analysis of the alcoholic content of the blood of the Defendant over the objection of…