134 A.2d 104 | D.C. | 1957
Appellant was convicted by the court, sitting without a jury, of operating an automobile while under the influence of intoxicating liquor
The only errors alleged on this appeal are that the judgments were plainly wrong. There was no dispute that appellant was operating the vehicle. There was evidence that appellant made a wide right turn and collided with another vehicle approaching from the opposite direction. Five witnesses for the government testified that appellant had a strong odor of alcohol on his breath, that he was unsteady on his feet, and that he appeared intoxicated.
Appellant’s explanation for his actions was that he was suffering from kidney trouble, low blood pressure, ulcers, and shock brought about by the collision. He denied that he made an improper turn or that he was intoxicated, and stated that the odor of alcohol on his breath was caused by medicine containing alcohol prescribed by his physician for an ulcer condition.
The foregoing is sufficient to supply background for the questions raised on this appeal. It is apparent that the case involved an issue of fact, namely, whether appellant was intoxicated or whether his actions, as he claimed, were due to other causes.
Affirmed.
. Code 1951, 40-609 (b) (Supp. V).
. A bottle containing a portion of the medicine was received in evidence.
.Williams v. District of Columbia, D.C.Mun.App.1957, 130 A.2d 596, and cases cited therein.