Shirey v. State

NIX, Judge.

Barney Leon Shirey, hereinafter referred to as the defendant, was convicted in the District Court of Stephens County of the crime of operating a motor vehicle while under the influence of intoxicating liquor, second and subsequent offense. The jury found the defendant guilty, but were unable to agree upon the punishment and left the punishment up to the trial judge who sentenced the defendant to a term of two years in the state penitentiary at McAlester, Oklahoma, and from said judgment and sentence the defendant appeals.

For reversal of said cause the defendant asserts three…