Chester v. State

Gardner, J.(a) This case arose from the same incident as Davenport v. State, ante, p. 787.

The Davenport case was reversed on the principle of law that there was no evidence whatsoever that the defendant in that case was operating the car at the time and on the occasion in question. The only record *789that the defendant Davenport was operating the car on the occasion was by his confession. The corpus delicti can not be proven by a confession alone. This must be done by aliunde evidence. In the Davenport case we were of the opinion that the evidence as to the intoxication of Davenport in operating…