Appellant was charged by affidavit with the offense of driving a motor vehicle while under the influence of intoxicating liquor (second offense) under Acts 1939, ch. 48, § 52, p. 289, being § 47-2001(b), Burns' 1952 Replacement, tried by the court without the intervention of a jury, found guilty and sentenced to the Indiana State Farm for a period of six months and fined in the sum of $100.
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