YOUNGER, P.J.
This case is an appeal from a conviction and sentence by the court of the defendant on a charge of operating a motor vehicle while under the influence of alcohol. The facts show that a state highway patrolman on November 3, 1971, at two o'clock A. M., noticed the defendant's car pulled off on the berm of a state route. Upon investigation, he found the car's motor not to be running, the lights out and the defendant asleep in the front seat. He tried to...
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