Barnard v. State

NIX, Judge.

The plaintiff in error, Kenneth Barnard, hereinafter referred to as • defendant, was charged in the county court of Cleveland county with the offense of operating a vehicle while under the influence of intoxicating liquor. He was tried before a jury who found the defendant guilty, but were unable to arrive at the punishment and left same to be assessed by the trial judge. He sentenced the defendant to 10 days in the county jail and to pay a fine of $100.

■ The defendant lodged an appeal in this court in due time and advances three assignments of error upon which he relies for…