STATE v. JOHNSON

No. 62-40443-1.

1 Wn. App. 553 (1969)

463 P.2d 205

THE STATE OF WASHINGTON, Respondent, v. WALTER JOHNSON, Appellant.

The Court of Appeals of Washington, Division One, Panel 2.

December 22, 1969.


Attorney(s) appearing for the Case

Trethewey, Brink & Wilson and Daniel Brink, for appellant.

Charles O. Carroll, Prosecuting Attorney, and Patricia Harber, Deputy, for respondent.


UTTER, J.

A jury found Walter Johnson guilty of driving while under the influence of alcohol. His motions for arrest of judgment or a new trial were denied and he has appealed.

Two questions are raised by the assignments of error. Did the court err by giving instructions to the jury which indicated the defendant could be convicted of driving while under the influence of intoxicating liquor or drugs when there was no charge or evidence he was under the...

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