16 N.E.2d 874 | Ind. | 1938
Appellant was convicted of operating a motor vehicle on a public highway while under the influence *579 of intoxicating liquor, in violation of section 1, chapter 126, Acts of 1937, Burns `Ann. St. 1933, § 47-517 (June, 1938 Supp.).
There was a plea of not guilty, followed by a trial by the court, and a finding and judgment of guilty. The motion for a new trial assigned as reasons: (1) that the finding of the court is contrary to law, and (2) that the finding of the court is not sustained by sufficient evidence. The overruling of the motion for a new trial is the only error assigned.
Whether appellant was under the influence of intoxicating liquor at the time and place charged, was a question of fact for the court. Basson v. State (1933),
The judgment is affirmed.