OPINION
BRETT, Judge:
Appellant, Phillip O. Davis, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Custer County, for the offense of Operating a Motor Vehicle While Under the Influence of Intoxicating Liquor. Punishment was set at imprisonment in the Custer County jail for ten (10) days and a Two Hundred Fifty ($250.00) Dollar fine. From said judgment and sentence a...
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