GERNHART v. STATE

No. 29,125.

233 Ind. 470 (1954)

120 N.E.2d 265

GERNHART v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied September 15, 1954.


Attorney(s) appearing for the Case

Solly K. Frankenstein and Ora R. Kuhlman, both of Fort Wayne, for appellant.

Edwin K. Steers, Attorney General, and Owen S. Boling, Deputy Attorney General, for appellee.


BOBBITT, J.

Appellant was charged by affidavit under the Acts of 1939, ch. 48, § 52, p. 289, being § 47-2001(b), Burns' 1952 Repl., with the offense of operating a motor vehicle while under the influence of intoxicating liquor, tried by jury, found guilty as charged, fined in the sum of $50, and sentenced to the Indiana State Farm for a period of sixty days.

The sole error assigned is the overruling of appellant's motion for a new trial.

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