FELTS, Justice.
This is an appeal in error from a conviction of driving an automobile on a public highway while under the influence of an intoxicant. T.C.A. sec. 59-1031. It is urged the evidence preponderates against the finding of guilt and in favor of the innocence of plaintiff in error.
Evidence for the State was that on February 10, 1960, about 3:20 A.M., State Trooper James Wall saw standing on the
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