Nicolls v. Commonwealth

The court below, sitting without the intervention of a jury, tried and convicted William H. Nicolls, Jr. on a warrant charging that he operated a motor vehicle on a public highway while under the influence of intoxicants. The warrant also charged that he had been convicted of a like offense within the past ten years. Nicolls was sentenced to thirty days in jail and a fine of $200. We awarded him a writ of error to that judgment.

In this appeal the issue presented is whether the evidence was sufficient to sustain the conviction.

The evidence is not in material conflict. On the night of December…