DAVIDSON, Commissioner.
The information contained two counts, one alleging that appellant, while intoxicated, drove and operated a motor vehicle upon a public highway, the other alleging that the motor vehicle was driven upon a public highway by appellant, while under the influence of intoxicating liquor.
Both counts were submitted to the jury and appellant's guilt was made to depend upon a finding that he was both intoxicated and under the influence of intoxicating...
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