Burkhalter v. State

Evans, Judge.

The defendant was indicted for misdemeanor offenses in two counts, speeding and driving under the influence of intoxicants. He waived trial by jury and was tried and convicted before the judge. During the trial counsel for defendant admitted a prima facie case of speeding, but offered the sworn testimony of the defendant in which he denied driving under the influence of intoxicants. After his conviction he was sentenced to serve 12 months in each of the two cases consecutively. The appeal is from the judgment of conviction and sentence. Error is enumerated as to the denial of his…