State v. McMillion

Lovins, Judge:

Defendant was found guilty by a justice of the peace on a warrant which charged the offense of operating a motor vehicle on a public road or street while intoxicated. On appeal to the Intermediate Court of Kanawha County defendant was convicted by a jury, fined one hundred dollars, and his driver’s license suspended for a period of six months. The Circuit Court of Kanawha .County affirmed the judgment and the case comes to this Court on writ of error.

Evidence adduced by the State showed that on the eve ning of February 9, 1943, an automobile was driven to the rear of the…