MEMORANDUM OPINION
BRETT, Presiding Judge.
Plaintiff in error, Donald John Helsper, hereafter referred to as defendant, was tried in the Municipal Criminal Court of the City of Tulsa, Tulsa County, Oklahoma, Case No. 68183, for the offense of being in actual physical control of a vehicle while under the influence of intoxicating liquor, on the 24th day of May, 1967. He was tried by a jury, found guilty and the jury assessed defendant's punishment at confinement...
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