State v. Rayburn

The only question presented on this appeal is whether the punishment inflicted is excessive. Section 5027 of the Code of 1924 makes the operation of a motor vehicle by a person intoxicated a crime and provides that, upon conviction, he may be sentenced to the penitentiary for a term not exceeding one year, or be fined in a sum not exceeding $1000.00.

The minutes of the testimony before the grand jury are incorporated in the abstract. It appears therefrom that the defendant, on June 20, 1930, attempted to drive a Hudson automobile upon a public highway, known as the “Diamond Trail,” while he…