JOHNSON v. STATE

No. A-15868.

487 P.2d 1005 (1971)

James Perry JOHNSON, Plaintiff in Error, v. The STATE of Oklahoma, Defendant in Error.

Court of Criminal Appeals of Oklahoma.

July 28, 1971.


Attorney(s) appearing for the Case

Andrew T. Dalton, Jr., Public Defender, Tulsa, for plaintiff in error.

Larry Derryberry, Atty. Gen., Paul Ferguson, Asst. Atty. Gen., Paul Crowe, Legal Intern, for defendant in error.


BUSSEY, Presiding Judge:

James Perry Johnson, hereinafter referred to as defendant, was charged, tried, and convicted at a non-jury trial in the District Court of Tulsa County of the offense for Driving a Motor Vehicle While Under the Influence of Liquor, Second and Subsequent Offense. His punishment was fixed at three years imprisonment, and from judgment and sentence, a timely appeal has been perfected to this Court.

At the trial, the party stipulated that...

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