Burris v. State

The appellant was tried by a jury and convicted of operating a motor vehicle on a public highway of this state while under the influence of intoxicating liquor, in violation of § 47-2001, Burns’ 1940 Replacement, § 11189-62, Baldwin’s Supp. 1939. Two errors are assigned: (1) that the “appellant was deprived of his legal and substantial rights by not being taken immediately before a magistrate upon his arrest as by law provided,” and (2) that the trial court erred in overruling the appellant’s motion for a new trial.

The first assignment is based on § 47-2307, Burns’ 1940 Replacement, §…