Burrus v. State

White and Dyer, Justices,

dissented.

Mr. Bobert S. Clement, Special Justice, delivered the opinion of the Court.

The Plaintiff in Error, George Burrus, hereinafter referred to as the Defendant or by name, was convicted in *588Shelby County of driving an automobile while under the influence of an intoxicant for the third time, was fined Five Hundred ($500.00) Dollars and sentenced to the County Penal Farm for not more than six (6) months. Defendant’s motion for a new trial was overruled. He has appealed to this Court.

The Defendant has assigned four errors which are as follows:(1) The court erred in…