Simmons v. State

BUSSEY, Presiding Judge:

Andrew T. Simmons, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Oklahoma County of the offense of Operating a Motor Vehicle While Under the Influence of Intoxicating Liquor, After Former Conviction of a Felony; his pun ishment was fixed at five (5) years’ imprisonment in the state penitentiary and a fine of $1.00 and from said Judgment and Sentence a timely appeal has been perfected to this Court.

Briefly stated the evidence at the trial adduced that on February 10, 1970, Trooper Lindley first observed the defendant at…