Skoff

The defendant was convicted by a jury of driving his automobile while he was under the influence of intoxicating liquor, contrary to the provisions of section 112 of the California Vehicle Act. Upon motion therefor, a new trial was granted. The state has appealed.

The defendant is a farmer residing near Cotati. At 9 o’clock on the evening of August 28, 1932, a collision oc curred on the highway near his home between the defendant’s' automobile and a machine which was being driven by the prosecuting witness, Marie Gutermute. The defendant claimed the wheels of his car had dropped into the rut which existed adjacent to the right-hand side of the concrete pavement; that in his effort to pull the machine back on to the pavement he lost control of it and the car crossed on to the wrong side of the highway,' causing the collision. Miss Gutermute’s machine was overturned, but she was only slightly injured. The defendant was thrown violently against the steering-wheel of his car. His chest was injured. A rib was broken. He received a cut on the elbow, which, he claims, caused a numbness and partial paralysis of that side of the body. Two teeth were loosened, and his mouth and nose were…