OPINION
BRETT, Judge:
Appellant, Ben Frank Smalley, hereinafter referred to as defendant, was convicted in the Municipal Court of Record of the City of Tulsa, Case No. 126237, of operating a motor vehicle while under the influence of intoxicating liquor, and sentenced to ten days in jail and a fine of $100. Judgment and sentence was imposed on June 7, 1971, and this appeal perfected therefrom.
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