Klaser v. State

Appellant was convicted of operating a motor vehicle on the public highway while under the influence of intoxicating liquor, in violation of §40 of the motor vehicle act of 1925 (Acts 1925 p. 144, §10141 Burns 1926).

Sufficiency of evidence to sustain the verdict is the only question presented; and, in reviewing the evidence, it is the province of this court to consider only the evidence most favorable to appellee. Wright v. House (1919), 188 Ind. 247, 121 N. E. 433.

It is conceded by appellant that, at the time charged, he was operating his automobile in and upon the streets of the city of…