State v. McDowell

In what follows no attempt will be made to do more than set out the highlights of the State’s case and how it was met by the defendant; because, if a fact question was presented the verdict of the jury was conclusive as to that.

Cars driven by the defendant and one Munsell collided about 3:15 o’clock of the morning of October 10, 1937. When the vehicles came to rest the condition of defendant, as relates to his alleged intoxication, is thus described by Munsell:

“His [defendant’s] motor was running wide open and racing and I asked him to cut it off. He just mumbled something to me, didn’t seem…