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SHIREY v. STATE

No. A-12507.

321 P.2d 981 (1957)

Barney Leon SHIREY, Plaintiff in Error, v. The STATE of Oklahoma, Defendant in Error.

Criminal Court of Appeals of Oklahoma.

Rehearing Denied February 26, 1958.

Attorney(s) appearing for the Case

Cund, Garvin & Baucum, Duncan, by M.M. Baucum, Duncan, for plaintiff in error.

Mac. Q. Williamson, Atty. Gen., Sam H. Lattimore, Asst. Atty. Gen., for defendant in error.

NIX, Judge.

Barney Leon Shirey, hereinafter referred to as the defendant, was convicted in the District Court of Stephens County of the crime of operating a motor vehicle while under the influence of intoxicating liquor, second and subsequent offense. The jury found the defendant guilty, but were unable to agree upon the punishment and left the punishment up to the trial judge who sentenced the defendant to a term of two...

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