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MARCUM v. STATE

No. 29,552.

239 Ind. 179 (1958)

154 N.E.2d 376

MARCUM v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied February 6, 1959.

Attorney(s) appearing for the Case

Cecil C. Tague, of Brookville, and Symmes, Fleming & Symmes, of Indianapolis, for appellant.

Edwin K. Steers, Attorney General, Owen S. Boling and Merl M. Wall, Deputy Attorneys General, for appellee.

EMMERT, J.

This is an appeal from a judgment on a verdict finding appellant guilty of the second offense of driving a motor vehicle while under the influence of intoxicating liquor as charged in an affidavit, which assessed his punishment at 9 months imprisonment, plus a fine in the sum of $100.00. The assignment of errors here charges the trial court erred in overruling appellant's motion in arrest of judgment, and in overruling...

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