McHugh

This is an appeal by the defendant from a judgment convicting him of driving an automobile in the county of Alameda while intoxicated. The defendant was sentenced to imprisonment for six months in the county jail.

The evidence overwhelmingly sustains the charge against the defendant and the matters urged upon the appeal are all in relation to rulings made by the trial judge upon the admission of testimony at the trial.

While driving in Alameda County the defendant collided with an automobile which was at a standstill at the side of the road. Several persons who were in the automobile which was struck testified to the intoxicated condition of the defendant, as did also passers-by and the police officers who arrested the defendant and who drove him away from the scene of the accident. Several bottles of whisky were found in the defendant’s automobile, some of them filled and, others partially emptied, and it appears that the defendant was unable to leave his vehicle unaided and had to be assisted by the police officers, and that upon being removed from his ear and before he could be placed in the patrol wagon, he fell to the sidewalk when the officers released their hold of him…