State v. Herbert

This is a criminal complaint which charges the defendant with the operation of a motor vehicle on a public highway in the city of Warwick while under the influence of intoxicating liquor. On an appeal from a conviction thereunder in the district court, the defendant was found guilty by a jury in the superior court. The case is here on his single exception to the denial of his motion for a new trial.

It appears from evidence adduced by the state and not substantially contradicted that on April 10, 1957 at about 1:45 a.m. a Warwick police officer observed defendant operating his car on Post Road…