BRETT, P.J.
The plaintiff in error, Luther S. Robertson, defendant below, was charged by information with the offense of driving an automobile while under the influence of intoxicating liquor on December 24, 1950, near Dale, Pottawatomie county, Oklahoma. The charge was a first offense and a misdemeanor. The defendant was tried by a jury, convicted, his punishment fixed at a $50 fine and costs; judgment and sentence was entered accordingly, from which this appeal...
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