TOWNSEND, Judge.
1. On the trial of the defendant for driving while under the influence of intoxicants, evidence that at about 9 p. m. or a little later on the evening in question the defendant drove up to the witness' store and, while purchasing cigarettes, poured some liquor from a whisky bottle "fifth" into a Coca-Cola bottle, consumed about three drinks, appeared intoxicated, had a fit of crying and then vomited over the side of the car, and smelled of liquor...
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