SIZEMORE v. STATE

No. 29,263.

235 Ind. 548 (1956)

134 N.E.2d 225

SIZEMORE v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied June 21, 1956.


Attorney(s) appearing for the Case

Cecil C. Tague, Sr., of Brookville, for appellant.

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


EMMERT, J.

Appellant was convicted by a jury of the second offense of operating a motor vehicle while under the influence of intoxicating liquor as charged in an affidavit, upon which he was sentenced to the Indiana State Prison for a term not less than one (1) nor more than three (3) years, and fined in the sum of $100.00, from which judgment he now appeals. The error assigned here is the overruling of his motion for new trial.

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