Ball v. State

L. A. Smith, Sr., J.,

delivered the opinion of the court.

Affidavit was filed in the court of a Justice of the Peace in and for District No. 1, of Jefferson Davis County, on the 6th day of January,’ 1947, charging the appellant with operating a motor vehicle on one of the highways therein while under the influence of intoxicating liquor during the previous day. Section 8174, Code 1942. On the same day the affidavit was filed, he was arrested, tried, convicted, and sentenced to pay a fine of $100.

Also on the same day, January 6,1947, he filed and had approved by the justice of the peace, before…