State v. Taft

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

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Nature of the Case

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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.