STATE v. SMITH

No. 49543.

222 So.2d 864 (1969)

254 La. 78

STATE of Louisiana v. Wally Lee SMITH.

Supreme Court of Louisiana.

May 5, 1969.


Attorney(s) appearing for the Case

Wally Lee Smith, in pro. per.

Jack P. F. Gremillion, Atty. Gen., William P. Schuler, Asst. Atty. Gen., Billy R. Robinson, City Atty., for appellee.


BARHAM, Justice.

On September 5, 1968, Wally Lee Smith pleaded guilty to a charge of operating a motor vehicle while under the influence of alcoholic beverages, in violation of R.S. 14:98, and was sentenced to serve eight months in the parish jail.

The defendant filed this appeal in proper person but made no appearance and filed no brief. The State, however, urged in brief that a sentence of eight months' imprisonment under R.S. 14:98 was illegal, and that...

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