OPINION OF THE COURT
ROSENN, Circuit Judge.
Theodore Brown appeals his conviction by a jury in the District Court for the Virgin Islands, Division of St. Thomas and St. John, of violating the Virgin Islands' drunk driving statute, V.I.Code Ann. tit. 20 § 493 (Cum.Supp.1975). After reviewing the record, it seems clear to us that the defendant was, as the jury stated in their verdict, "operating a vehicle while his ability to do so was impaired by alcohol...
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