State v. Poppenga

An information was filed in the municipal court of Sioux Falls on April 23, 1956, charging that the defendant on the preceding day committed the crime of drunken driving. On trial to a jury he was found guilty. Before judgment he moved for a new trial which was denied. Judgment was entered and this appeal is from that judgment and the order denying a new trial.

By his assignments of error defendant claims that the trial court erred to his prejudice in the following particulars: (1) Allowing the name of a witness to be endorsed on the information; (2) Instructing the jury that having in his…