Appellate Division of the Superior Court of California November 23, 1953, Cr. A. No. 2980 (People v. McGinnis)

BISHOP, J.

The determination of this appeal depends upon the answer to this question: Was it error to admit evidence of the fact that, when arrested on the charge of driving a motor vehicle while under the influence of intoxicating liquor, the defendant declined to comply with the police officers’ request that he submit himself to an intoximeter test?