NIX, Judge.
O.C. Shirley, plaintiff in error, hereinafter referred to as the defendant, was charged by information in the District Court of Stephens County with the crime of operating a motor vehicle while under the influence of intoxicating liquor, second offense, tried before a jury, found guilty as charged and the punishment left up to the court, who sentenced the defendant to 30 months or 2 1/2 years in the State Penitentiary at McAlester, Oklahoma.
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