374 P.2d 141

#### STATE of New Mexico, Plaintiff-Appellee, v. John H. TRUELOCK, Defendant-Appellant.

No. 7184.

Supreme Court of New Mexico.

Aug. 15, 1962.

Mears, Mears & Boone, Portales, for appellant.

Earl E. Hartley, Atty. Gen., Thomas A. Donnelly, George Richard Schmitt, Asst. Attys. Gen., Santa Fe, for appellee.

CARMODY, Justice.

The sole question for our determination is whether a conviction for driving while under the influence of intoxicating liquor was supported by substantial evidence. We see no necessity in reviewing the evidence upon which the trial court, sitting without a jury, found the defendant guilty. Let it suffice to say that we deem the evidence substantial to establish defendant’s guilt beyond a reasonable doubt. Naturally, it was contradicted by the testimony of the defendant and his witnesses, but mere contradiction does not make the State’s evidence any less substantial. See, State v. *390Sisneros, 1938, 42 N.M. 500, 82 P.2d 274; City of Albuquerque v. Arias, 1958, 64 N.M. 337, 328 P.2d 593; City of Roswell v. Ferguson, 1959, 66 N.M. 152, 343 P.2d 1040, and many other cases which need not be cited.

'■ The judgment will be affirmed. It is so ordered.

CHAVEZ and MOISE, JJ., concur.

' CÓMPTON, C. J., and NOBLE, J., not participating.