Allen v. State

OPINION

BRETT, Judge:

The appellant, Carl James Allen, hereinafter referred to as defendant, was charged, tried and convicted in Case No. CRF-73^12 of the District Court, Blaine County, of the offense of Operating a Motor Vehicle Upon a Public Highway While Under the Influence of Intoxicating Liquor, Second and Subsequent Offense. He was sentenced to serve a term of three (3) years in the State penitentiary in accordance with the verdict of the jury. A timely appeal has been perfected to this Court.

In light of the issue here presented, it is unnecessary to summarize the evidence adduced at…