Dingle

Defendant was charged with a violation of that provision of section 17 of the Motor Vehicle Act whereby it is declared that “No person who is under the influence of intoxicating liquor . . . shall operate or drive a motor . . . vehicle on any public highway within this state.” (Stats. 1919, p. 214.) He was tried before a jury, was found guilty as charged, and was sentenced to imprisonment in the county jail for the term of six months. On this appeal from the judgment he contends that the evidence is insufficient to justify the conviction in that it fails to show that he was intoxicated, that" in cross-examining one of defendant’s witnesses relative to a certain bottle and its contents, the district attorney was guilty of misconduct, and that the court erred (a) in permitting the district attorney to pursue such line of cross-examination, (b) in giving a certain instruction, and (c) in refusing to give an instruction in the form requested by defendant.

The evidence was clearly sufficient to justify the verdict. It is conceded that at the time laid in the information defendant was operating and driving an automobile on a public highway in the city of Anaheim. The whole ease…