TOWNSEND, Judge.
1. On conviction under an accusation charging the defendant in two counts with driving while under the influence of intoxicants and failing to yield the right of way, it is contended in a special ground of the motion for a new trial that since the conviction for drunk driving depends wholly upon circumstantial evidence, failure to charge this principle of law was error. There is testimony to the effect that the defendant was driving at the time of...
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