No. A-12661.

337 P.2d 768 (1959)

Kenneth BARNARD, Plaintiff in Error, v. STATE of Oklahoma, Defendant in Error.

Court of Criminal Appeals of Oklahoma.

March 25, 1959.

Attorney(s) appearing for the Case

Paul Updegraff, Norman, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., J. Walker Field, Asst. Atty. Gen., for defendant in error.

NIX, Judge.

The plaintiff in error, Kenneth Barnard, hereinafter referred to as defendant, was charged in the county court of Cleveland county with the offense of operating a vehicle while under the influence of intoxicating liquor. He was tried before a jury who found the defendant guilty, but were unable to arrive at the punishment and left same to be assessed by the trial judge. He sentenced the defendant to 10 days in...


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