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McCANN v. STATE

No. A-12502.

318 P.2d 466 (1957)

Emmitt Frank McCANN, Plaintiff in Error, v. The STATE of Oklahoma, Defendant in Error.

Criminal Court of Appeals of Oklahoma.

Rehearing Denied November 20, 1957.

Attorney(s) appearing for the Case

C.L. Hamilton, John L. Dunn, Tulsa, for plaintiff in error.

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

POWELL, Judge.

This is an appeal from a conviction for driving while under the influence of intoxicating liquor, second offense, and where the jury assessed punishment at confinement in the State Penitentiary for one year, and a fine of $100. See 47 O.S.Supp. 1955 § 93.

The pertinent portion of the information, filed in the district court of Tulsa County, reads:

"* * * that Emmitt Frank McCann, on the...

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