State v. Small

The defendant, James Lewis Small, was indicted, charged with the crime of operating a motor vehicle while intoxicated. He entered a plea of not guilty and upon trial was convicted. The trial court sentenced the defendant to a term of three months in the county jail and as a further part of the judgment the sentence provided that he should pay a fine of $500 and costs. The defendant has appealed from this judgment.

The appellant is a resident of Des Moines, Iowa. At the time of the claimed offense he owned and operated a motor truck with which he hauled coal. During the morning of May 14, 1942,…