HOLMAN, Commissioner.
Defendant, M. O. Spurlock, was charged with and convicted of the felony of driving a motor vehicle while in an intoxicated condition, and his punishment was fixed by the jury at imprisonment in the penitentiary for a term of two years. Section 564.440 and Section 564.460 RSMo 1949, V.A.M.S. (as amended, Laws 1953,
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