EBERHARDT, Judge.
H. A. Noell was arrested about 9:05 P. M. January 24, 1968, while sitting behind the steering wheel of an automobile with the lights and ignition on and in the act of attempting to start the engine. Trooper Duckworth testified that when he came up to the car the engine "was turning over and smoke was coming from the exhaust." It was snowing heavily and the trooper observed that the tracks on the public highway leading from the vehicle some distance...
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