BAUGH v. STATE

No. CR 73-160.

505 S.W.2d 519 (1974)

Danny BAUGH, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

February 25, 1974.


Attorney(s) appearing for the Case

E. W. Brockman, Jr., of Brockman, Brockman & Gunti, Pine Bluff, for appellant.

Jim Guy Tucker, Atty. Gen., by Alston Jennings, Jr., Asst. Atty. Gen., Little Rock, for appellee.


GEORGE ROSE SMITH, Justice.

The appellant was charged with driving while intoxicated, the second such offense within a year, was found guilty by the jury, and was fined $250. Ark.Stat. Ann. §§ 75-1027 and 75-1029 (Repl.1957 and Supp.1973). He is correct in his contention that the trial court erred in allowing the jury to be told, before they considered the issue of guilt or innocence, that a second offense was involved. We so held in an identical case, Francis...

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