HICKS v. STATE, 23 Ala. App. 589 (1930)

129 So. 480

HICKS v. STATE.

7 Div. 676.Court of Appeals of Alabama.
June 30, 1930.

Appeal from De Kalb County Court; E. M. Baker, Judge.

W. P. Hicks was convicted of operating a motor vehicle while intoxicated; and he appeals.

Affirmed.

C. A. Wolfes, of Ft. Payne, for appellant.

The affidavit charges no offense. Acts 1927, p. 365, § 48; Edmonds v. State, 87 Ala. 12, 6 So. 54; Noah v. State, 15 Ala. App. 142, 72 So. 611; Anderson v. State, 130 Ala. 127, 30 So. 375. Proof of the drinking of intoxicating liquor is not alone sufficient to sustain a conviction under the statute. Vartanian’s Law of Automobiles, 417.

Charlie C. McCall, Atty. Gen., for the State.

Brief did not reach the Reporter.

SAMFORD, J.

The defendant was charged by affidavit with having operated a motor vehicle on the public highway “while in an intoxicated condition.” No demurrer was interposed, nor was the charge otherwise tested on the trial. One of the definitions given by Webster’s Dictionary of intoxicated is: “Under the influence of intoxicating liquors or drugs.” The insistence is here made that the affidavit

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charges no offense. With this contention we do not agree. The charge is defective, but not void, and, in the absence of a legal challenge, will support a conviction.

The testimony was in conflict, and under the decisions we cannot say that the conclusions as to the facts were so wrong and unjust as to require a reversal.

Let the judgment be affirmed.

Affirmed.