Alfonso

The information charges that the defendant, on the 20th of July, 1925, “did wilfully and unlawfully operate and drive an automobile along and upon the public highway of the State of California, while under the influence of intoxicating liquor.” He was' convicted and this appeal is from the judgment and the order denying a new trial.

The defendant’s automobile collided with and seriously damaged an automobile owned by one witness for the prosecution and being driven, at the time of the collision, by another witness. Both of these witnesses testified that the defendant was drunk at the time. Several other witnesses, who were at the scene of the collision shortly after it occurred, testified that they saw no indication that the defendant was intoxicated. Two of these witnesses were in such immediate association with the defendant as to enable them to determine his condition as accurately as could the witnesses for the prosecution. The defendant testified that he was not under the influence of liquor, that he “did not have a drink that night at all,” and that he had not indulged in the use of intoxicating, liquor for three years. Under the pretext of contradicting the .defendant’s…