SIMMONS, Chief Justice.
By information plaintiff in error, hereinafter called the defendant, was charged in one count in that he did "unlawfully operate or was the person in actual physical control of a motor vehicle * * * while * * * under the influence of alcoholic liquor * * *." In a second count it was charged that the offense complained of in the first count was a third offense.
The defendant, on a plea of not guilty, was tried to a jury on the issues...
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