Ellena

Defendant was convicted of the offense of driving an automobile upon a public highway at a time when defendant was under the influence of intoxicating liquor. He appeals from the judgment and from an order denying his motion for a new trial.

In brief, as shown by the evidence, the facts were that defendant and five other persons were riding in an automobile, from which, by reason of the careless manner in which it was driven, three of them were thrown to the highway, resulting in the death of one of such persons and the serious injury of one of the others.

The first point made for reversal of the judgment is that the corpus delicti was not established. In this connection it is urged that the corpus delicti of the offense with which defendant was charged consists in the proof of the ultimate facts that the automobile in question was being driven on a public highway by some person who was then and there under the influence of intoxicating liquor. In this regard, the only question which is raised goes to the sufficiency of the evidence tending to establish the fact that the driver of the automobile was under the influence of intoxicating liquor. The testimony of one of the…