Opinion
September 14, 1955.
Order settled as follows: Judgment of conviction reversed and a new trial ordered upon the ground of the inadequacy and erroneousness of the charge of the trial court on the subject of intoxication, without regard to the adequacy of the exception thereto. In view of the fact that, in this situation, it is uncertain whether the reversal should be deemed to be upon the law alone or both upon the law and in the exercise of discretion in the interests of justice, we certify that the reversal is (1) upon the law and (2) also, in the exercise of discretion in the interests of justice, if it is held that the ground above assigned constitutes an exercise of discretion rather than a decision of a question of law. We have not yet considered the question of the length of the sentence and exercised our discretion with respect thereto. All other findings of fact and discretion in the court below are affirmed. The opinions of this court are hereby referred to and made a part of this order. Foster, P.J., Bergan, Halpern and Zeller, JJ., concur. [See ante, p. 369.]