State v. . Biggerstaff

The first assignment of error set out in appellant’s brief relates to an instruction in the charge which purports to give a definition as to what constitutes “under the influence of intoxicants,” as follows: “Our Court has said that a person is ‘under the influence’ within the meaning of the statute where his mind and muscles do not normally coordinate or where he is abnormal to any degree, from intoxication. In a prosecution under this statute our Court has said this: On the instruction that the defendant was under the influence of intoxicating liquors, if he had drunk enough to make him act…