OPINION
ON APPELLANT'S MOTION FOR REHEARING
ROBERTS, Judge.
The prior opinion is withdrawn.
The appellant, John W. Singleton, was tried before a jury and found guilty of the offense of driving and operating a motor vehicle upon a public highway while intoxicated and at a later date the punishment was assessed at 30 days in the county jail and a fine of $100.
The record reflects that on October 15, 1969, the jury found the appellant...
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