Edmondson v. State

SIMPSON, Judge.

Conviction of driving a motor vehicle while intoxicated. Code 1940, Title 36, Section 2.

This appeal is direct from the local county court, as provided in the Act, No. 647, Local Acts, 1939, Section 29, p. 375.

The evidence was in conflict, that for the State adequately supporting the charge, that for the defendant supporting his plea of not guilty.

Under such circumstances, it was within the exclusive province of the trial court, sitting without a jury, to weigh the evidence and ascertain the truth of the is sue. 6 Alabama Digest, <®=>260(11); McCain v. State, Ala.App, 7 So.2d…