State v. Foss.

Moulton, Supr. J.

The respondent was convicted, after trial by jury, of operating an automobile on the public highway, while under the influence of intoxicating liquor. He brings the case to this Court on exceptions to the charge of the court, and to the denial of his petition for a new trial, preferred to the county court after verdict and before judgment thereon.

The exception to the charge was as follows: The court instructed the jury that — -

“If you find that the respondent Foss has falsified in his testimony, that is evidence that he is guilty of having operated a motor vehicle upon the…