EMMERT, J.
This is an appeal from a judgment on a verdict finding the appellant guilty of the second offense of operating a motor vehicle while under the influence of intoxicating liquor, for which he was fined $10.00 and ordered imprisoned in the Indiana State Prison for a term not less than one nor more than three years, under § 47-2001(b), Burns' 1952 Replacement. The error assigned here is the overruling of appellant's motion for a new trial.
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