NEIL, Chief Justice.
The plaintiff in error, who will later be referred to as the defendant, was indicted by the grand jury of Hamblen County upon two charges, (1) driving an automobile while under the influence of whisky, and (2) driving an automobile in such a reckless manner as to endanger the lives of other persons. Before he was put to trial upon the indictment he filed a motion that the jury fix his punishment both as to fine and imprisonment under Chapter 82...
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