SHARP, Justice.
The Appellant was charged by way of affidavit of the offense of driving and operating an automobile while under the influence of intoxicating liquor on the 20th day of September, 1970. The case was tried before the court without the intervention of a jury wherein the defendant was found guilty and sentenced to the Indiana State Farm for a period of 30 days together with a fine in the sum of $100.00.
The evidence most favorable to the State...
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