Thompson

On the eighth day of December, 1931, an information was filed in the Superior Court of Humboldt County, containing three counts, upon which the defendant was tried and found guilty on counts 2 and 3, and from the order denying his motion for new trial and judgment based upon said counts, this appeal is prosecuted. The counts upon which the defendant was convicted read as follows:

The verdict finding the defendant guilty on count 3 is in the following language: “We, the jury, in the above entitled action, find the defendant guilty of the crime of driving an automobile while under the influence of intoxicating liquor, as charged in count 3 of the information.”

Upon this appeal the appellant contends that the testimony is insufficient to support the verdict of the jury as to count 2, that the court failed to instruct the jury as required by the law, and that the verdict as to count 3 is insufficient to support the judgment. A new trial was also asked on the ground of newly discovered evidence, supported by affidavits.

Without setting forth the testimony of the various witnesses, it is sufficient to state that the record discloses the following facts relative to the offense charged…