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LEWALLEN v. STATE

No. 4424.

536 P.2d 148 (1975)

Tim Mark LEWALLEN, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

May 28, 1975.

Attorney(s) appearing for the Case

Richard G. Miller, Casper, for appellant.

David B. Kennedy, Atty. Gen., Fred C. Reed, Deputy Atty. Gen., Cheyenne, and Melvin Okamoto, Senior Law Student, Laramie, for appellee.

Before GUTHRIE, C.J., and McCLINTOCK and THOMAS, JJ.

McCLINTOCK, Justice.

Tim Mark Lewallen appeals from his conviction of driving while under the influence of intoxicating liquor entered in the District Court of Natrona County, Wyoming. The appellate brief expressly disclaims any attack upon the finding of intoxication and claims only that there is no proper proof that defendant did drive any motor vehicle within the state while so intoxicated. The facts were as follows.1

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