TOWNSEND, J.
1. Error is assigned on the charge of the trial court as follows: "I charge you further that in contemplation of law an operator of a motor vehicle on a public highway is under the influence of intoxicating liquor when he is so affected by intoxicating liquor as to make it less safe for him to operate such vehicle than it would be if he were not affected by such intoxicating liquor." This is a correct statement of law. See James v. State,
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