Lewallen v. State

McCLINTOCK, Justice.

Tim Mark Lewallen appeals from his conviction of driving while under the influence of intoxicating liquor entered in the District Court of Natrona County, Wyoming. The appellate brief expressly disclaims any attack upon the finding of intoxication and claims only that there is no proper proof that defendant did drive any motor vehicle within the state while so intoxicated. The facts were as follows.1

On October 13, 1973 Richard Timperley, a Wyoming highway patrolman was called from his home at approximately 2:25 a. m. to go to the scene of an accident on West Yellowstone…