POWELL, P.J.
The appellant, Jack Ryan, was charged in the municipal criminal court of the city of Tulsa, with the offense of driving a motor vehicle on a highway while under the influence of intoxicating liquor. He was tried by a jury which returned a verdict of guilty and left the punishment to be assessed by the court, and the court assessed punishment of a fine of $59, and defendant to serve ten days in jail. Appeal has been perfected to this court.
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