BAKER, Justice.
This is a complaint and warrant charging that the defendant on May 31, 1953 in the town of East Providence while under the influence of intoxicating liquor drove and was in actual physical control of an automobile upon a highway of this state. After a trial in the superior court a jury found the defendant guilty as charged. His motion for a new trial was denied by the trial justice and a bill of exceptions was duly prosecuted to this court.
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