State v. Fairbanks

The respondent was found guilty by a jury of operating a motor vehicle while under the influence of intoxicating liquor, in violation of 23 V.S.A. §1183. The respondent moved at the close of the state’s evidence that a verdict of acquittal be directed by the trial court. This motion was renewed at the close of all the evidence in the case. Both motions were denied. The respondent has brought the case here upon notice of appeal from the verdict and judgment thereon. It is upon the denial of these motions that he has briefed his appeal before this Court.

By reason of the action of the trial…