STATE v. TAFT 102 S.E.2d 152 (W. Va. 1958). CASE BRIEF

STATE V. TAFT

102 S.E.2d 152 (W. Va. 1958)

NATURE OF THE CASE: This was an appeal of a conviction for drunk driving.

FACTS: Taft (D) got into a car to wait for someone. The car's brake was accidentally released and the car rolled into another car. D was convicted of driving under the influence. At trial, the jury was instructed that the act of driving could be inferred from mere motion of the car. D objected: he had not committed the requisite act of driving.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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