EMBRY, Justice.
In this case, Dorothy Gray Elmore, was indicted, tried and found guilty by a jury, of driving while intoxicated. However, the jury neither assessed a fine nor declined to fix one. The trial court assessed one of $150 and in lieu of payment sentenced defendant to jail for a term of fifty days.
On appeal the Court of Criminal Appeals reversed and remanded for new trial, Ala.Cr.App.,
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