Judgment unanimously reversed on the law and facts and indictment dismissed.
Memorandum:
The only proof of negligence in this case was that the accident happened on defendant's wrong side of the road. The only testimony on intoxication was that a Deputy Sheriff smelled alcohol on defendant's breath at the accident scene, but at no time was there any suggestion that defendant be arrested, nor was defendant requested to take a blood-alcohol test. There was no...
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