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STATE v. COLE

No. 13760.

238 S.E.2d 849 (1977)

STATE of West Virginia v. Clarence Delmar COLE.

Supreme Court of Appeals of West Virginia.

November 22, 1977.

Attorney(s) appearing for the Case

Earl W. Weller, Pros. Atty., Berkeley County, Martinsburg, for plaintiff in error.

Robert M. Steptoe, Martinsburg, for defendant in error.

CAPLAN, Chief Justice:

In a warrant for a second offense of driving while intoxicated, issued upon the complaint of Harry L. Snow, Clarence Delmar Cole, on July 21, 1971, was charged with operating a motor vehicle while intoxicated. He was tried, convicted, fined $116.00 and sentenced to imprisonment in the city jail for a period of two days; also, his operator's license was revoked for six months. The second offense referred to in the above warrant occurred on March...

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