DeBRULER, Justice.
This is an appeal from a conviction for violation of I.C. 1971, 35-17-5-14, being Burns § 10-3041, in a trial without jury in the Marion County Criminal Court, Division I. Appellant was sentenced to ninety days on the State Farm and $200.00 fine. The part of Burns § 10-3041, supra, under which appellant was charged reads:
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