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STEARN v. STATE

No. 28,805.

230 Ind. 17 (1951)

101 N.E.2d 67

STEARN v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed October 17, 1951.

Attorney(s) appearing for the Case

Theodore Lockyear, James D. Lopp and Loren Kiely, all of Evansville, for appellant.

J. Emmett McManamon, Attorney General; John Ready O'Connor and George W. Hand, Deputy Attorneys General, for appellee.

DRAPER, C.J.

This a criminal prosecution commenced by an affidavit filed in the Vanderburgh Circuit Court, which charges the appellant with driving a vehicle while under the influence of intoxicating liquor, in violation of the provisions of Burns' 1940 Replacement, § 47-2001 (b).

Appellant's motion to quash the affidavit was overruled. He entered a plea of not guilty, waived trial by jury, and was tried by the court. He was found guilty

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