State v. McAbee

OxnER, Justice.

Upon an indictment charging that on February 22, 1951, appellant drove a motor vehicle on a public highway while under the influence of liquor or some narcotic drug, he was tried in the County Court of Spartanburg and found guilty by a jury on March 6, 1951. On the basis that this was a third offense, a sentence of imprisonment for a term of three years was imposed. On the following day appellant moved to set aside the sentence upon the ground that the offense for which he was convicted was not a third but a second offense and, therefore, the sentence imposed was excessive. The…