STATE v. CARLSON

No. 9327.

59 N.W.2d 554 (1953)

STATE v. CARLSON.

Supreme Court of South Dakota.

July 13, 1953.


Attorney(s) appearing for the Case

Ralph A. Dunham, Atty. Gen., Phil W. Saunders, Asst. Atty. Gen., Richard A. Furze, State's Atty., Lead, for plaintiff and respondent.

Gale B. Wyman, Belle Fourche, for defendant and appellant.


RUDOLPH, Judge.

Defendant was convicted of driving an automobile while under the influence of intoxicating liquor, and has appealed from the judgment.

One issue only merits consideration. The trial court refused to instruct the jury on the rules relating to circumstantial evidence. Appellant has assigned as error the judge's refusal to so instruct.

The facts pertinent to the issue presented are that three witnesses testified to seeing the defendant...

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