Haskell

James Haskell was charged by information with the crime of felony drunk driving in violation of section 23101 of the Vehicle Code, it being alleged that while under the influence of intoxicating liquor he drove a motor vehicle upon a public highway and caused bodily injury to Doris Eloise Perryman. He was found guilty by a jury, and after his motion for a new trial was denied, judgment was pronounced. He has appealed from the judgment and from the order denying his motion for a new trial.

It appears from the record that at about 4 p.m. on December 5, 1959, on Palm Avenue in Merced County, a blue Chevrolet sedan struck Mrs. Perryman and inflicted severe injuries upon her. Appellant and Bruce Pratt were in the Chevrolet and appellant was accused of being the driver. Pratt was the owner of the Chevrolet but appellant had been driving it during the greater portion of the time between 10:30 a.m. and the time of the accident. Both appellant and Pratt commenced drinking intoxicating liquor in the morning and continued doing so during the day, but appellant imbibed more heavily than Pratt.

No eyewitness except Pratt testified as to who was driving the Chevrolet at the time of the…