PHELPS, Justice.
This is an appeal from a judgment convicting the defendant of operating an automobile while under the influence of intoxicating liquor with prior conviction and from the order denying defendant's motion for a mistrial or in the alternative, for a new trial, or in arrest of judgment.
The facts are that on the evening of September 20, 1951, the defendant had been celebrating a birthday and according to his testimony, had drunk four split bottles...
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