Kepley v. State

McDONALD, Presiding Judge.

The offense is driving while intoxicated; the punishment assessed by the jury’s verdict, 90 days in jail and a fine of $50.00.

The trial of this cause commenced on the morning of November 2, 1964. The record reflects that counsel for appellant and the Court had some discussion as to what time the Court would conclude the trial for the day, and the Court either estimated about 4:30 P.M. or replied around 4:30 P.M. he normally adjourned for the day. The State completed its testimony and rested at around 2:30 or 3:00 P.M. Appellant then called two witnesses who…