Arnold v. State

Appellant, Hugh Arnold, was convicted in the County Court of Forrest County of operating’ a motor vehicle upon' a public highway of that county while under the influence of intoxicating liquor. Code of 1942, Sec. 8174. That judgment was affirmed by the circuit court and Arnold appeals, making two assignments of error.

The State’s Instruction No. 1 said: “The Court instructs the Jury for the State that if you believe from the evidence in this case beyond a reasonable doubt that the defendant, Hugh Arnold, did wilfully and unlawfully operate a motor vehicle upon a public highway, towit: H. S.…