NIX, Judge:
Jack L. Spencer, hereinafter referred to as the defendant, was charged by Information in the Court of Common Pleas of Oklahoma County with the crime of Operating a Motor Vehicle While Under the Influence of Intoxicating Liquor, and sentenced to Ten Days in the County Jail and to pay a fine of $25.00. It is from this judgment and sentence that he appeals to this Court within the time prescribed by law asserting two assignments of error, as follows:
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