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WALKER v. STATE

No. 5214.

408 S.W.2d 474 (1966)

Elmer WALKER, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

Rehearing Denied December 5, 1966.

Attorney(s) appearing for the Case

S. C. Ferguson, Ash Flat, for appellant.

Bruce Bennett, Atty. Gen., James C. Wood, Asst. Atty. Gen., for appellee.

McFADDIN, Justice.

Appellant was convicted of driving while under the influence of intoxicating liquor (Ark.Stat.Ann. § 75-1027 [Repl.1957]). There was evidence offered that this was the second offense within the year; and he was fined $250.00 and sentenced to ten days in jail (Ark.Stat.Ann. § 75-1029 [Repl. 1957])1. From such judgment there is this appeal, urging the points which we will now discuss.

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