NIX, Judge.
Willie O. Ballard, plaintiff in error, hereinafter referred to as the defendant, was charged in the county court of Cleveland County with the crime of operating a motor vehicle while under the influence of intoxicating liquor. He was tried before a jury and found guilty and the punishment left to the trial judge, who, on the 17th of June, 1958, sentenced the defendant to pay a fine of $150 and to serve
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