STATE v. PARKER

No. 8651.

336 P.2d 318 (1959)

STATE of Idaho, Plaintiff-Respondent, v. Donald G. PARKER, Defendant-Appellant.

Supreme Court of Idaho.

March 6, 1959.


Attorney(s) appearing for the Case

Vernon K. Smith, Boise, for appellant.

Frank L. Benson, Atty. Gen., Robert D. Wennergren, William E. Swope and Thomas Y. Gwilliam, Asst. Attys. Gen. (Graydon W. Smith, former Atty. Gen., Alfred C. Hagan and Edward J. Aschenbrener, former Asst. Attys. Gen., on the brief), for respondent.


TAYLOR, Justice.

Defendant (appellant) was charged by criminal complaint in justice court with unlawfully driving a motor vehicle "upon the highways of the State of Idaho, U. S. No. 20, while under the influence of intoxicating liquor." Trial in the justice court resulted in conviction. Defendant appealed to the district court where upon trial de novo, defendant was again convicted. This appeal followed.

In the late afternoon of April 20, 1957, the defendant...

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