Taylor

This appeal is from the order of the trial court granting defendant’s motion for a new trial after the jury had found him guilty of the offense of driving an automobile upon a public highway while he was “an habitual user of narcotic drugs.”

The information charges that the offense was committed March 27, 1926. Dixie .Cunningham, an habitual user of narcotic drugs, employed by an inspector of the state board of pharmacy as an informer, testified that in the forenoon of the day mentioned in the information she and the defendant “both took a shot” of morphine; that she returned to the defendant’s place of business in the afternoon and that the defendant then took her in his automobile to various places, at one of which he procured four bindles of mor phine; that they then returned to the defendant’s place of business, where they used one of the bindles to give each of them a second “shot”; and that the defendant gave the witness two of the remaining bindles and kept the third. The inspector referred to testified that he arrested the defendant after the informer had left and that he found various instruments of the kind used by narcotic addicts in the defendant’s place of business…