City of Portales v. Shiplett

NOBLE, Justice.

Defendant was tried and convicted in Police Magistrate Court of the City of Portales of the offense of driving a vehicle on that city’s streets while under the influence of intoxicating liquor. Appeal was taken and trial de novo was had in the district court, resulting in a conviction, from which this appeal results.

On this appeal, defendant alleges as error lack of substantial evidence to support the conviction and violation of the due process and equal protection clauses of the State and Federal Constitutions.

The attention of the arresting officer was attracted to the…