State v. Swift

The defendant appealed from the denial by the trial court of his motion to set the verdict aside. As regards the count charging intoxication, not only was the evidence sharply conflicting, but the defendant did not press any claim of error as to it in his brief. As regards the count charging him with operating a motor vehicle while under the influence of intoxicating liquor, the evidence was also sharply conflicting as to whether the defendant was operating the car before the accident. The jury could have found that he was, and this would be sufficient to sustain the denial by the trial court…