McCLANAHAN v. STATE

No. 28,935.

232 Ind. 567 (1953)

112 N.E.2d 575

McCLANAHAN v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied November 3, 1953.


Attorney(s) appearing for the Case

Claude Cline, of Huntington, for appellant.

Edwin K. Steers, Attorney General, J. Emmett McManamon, former Attorney General, William T. McClain, former Deputy Attorney General and Carl Humble, Deputy Attorney General, for appellee.


EMMERT, J.

This is an appeal from a judgment on a verdict finding appellant guilty of the second offense of operating a motor vehicle while under the influence of intoxicating liquor, and ordering him imprisoned in the Indiana State Farm for six months and to pay a fine in the sum of $100.00. The error assigned on appeal is that the court erred in overruling appellant's motion for a new trial.

The evidence, when viewed most favorably to the

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