Nickle v. Reeder

Nickle, plaintiff in error, was convicted in the Superior Court of the City and County of Denver of driving a motor vehicle while under the influence of intoxicating liquor. The information disclosed that he had been convicted of the same offense within the previous five years. Under the statute, C.R.S.- ’53, 13-4-30, the punishment on second conviction is not less than ninety days nor more than one year in jail. He was found guilty and sentenced to “the full period of ninety days and six months from this date” (December 11th, 1959).

The information on which he was tried is in two counts. In…