MILLER v. STATE

No. A-12565.

323 P.2d 376 (1958)

Earl Ernest MILLER, Plaintiff in Error, v. The STATE of Oklahoma, Defendant in Error.

Criminal Court of Appeals of Oklahoma.

March 19, 1958.


Attorney(s) appearing for the Case

Charles W. Stubbs, Oklahoma City, for plaintiff in error.

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


POWELL, Judge.

Earl Ernest Miller was charged in the district court of Pottawatomie County with the crime of operating a motor vehicle upon a public highway of Oklahoma while under the influence of intoxicating liquor, second and subsequent offense; was convicted, but the jury being unable to agree upon the punishment to be assessed, left that to the court, who fixed the penalty at a fine of $100 and imprisonment in the State...

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