State v. Holmbom

McKUSICK, Chief Justice.

Defendant appeals from his conviction for attempting to operate a motor vehicle while under the influence of liquor, 29 M.R.S.A. § 1312 (Supp.1979), after a bench trial in the Superior Court, Piscata-quis County. Defendant’s sole contention on appeal is that the evidence was insufficient to establish beyond a reasonable doubt that he was the operator1 of the vehicle involved in the incident, rather than a mere occupant. Since we find the evidence sufficient to sustain defendant’s conviction, we deny the appeal.

The only witness at trial, Officer Nicker-son of the Maine…