Shirley v. State

NIX, Judge.

O. C. Shirley, plaintiff in error, hereinafter referred to as the defendant, was charged by information in the District Court of Stephens County with the crime of operating a motor vehicle while under the influence of intoxicating liquor, second offense, tried before a jury, found guilty as charged and the punishment left up to the court, who sentenced the defendant to 30 months or 2½ years in the State Penitentiary at McAlester, Oklahoma.

The evidence upon which the defendant was convicted was highly contradictory and a flagrant contrast was revealed between the testimony presented…