POWELL, J.
Jesse Dee France has appealed from a conviction of operating a motor vehicle upon a public highway while under the influence of intoxicating liquor. The jury not being able to agree on the penalty to be assessed, left the same to the court, who inflicted the punishment of a fine of $100, and 30 days' imprisonment in the county jail. Appeal has been perfected to this court.
The evidence on behalf of the state discloses that on Christmas Day, December...
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