Rheuark v. State

The defendant, Ben H. Rheuark, was-charged in the court of common pleas of Tulsa county with the offense of driving an automobile upon the public highway while under the influence of intoxicating liquor; was tried, convicted, and, pursuant to the verdict of the jury, was sentenced to serve 120 days in the county jail, and pay a fine of $250 and costs, and has appealed.

No question as to the sufficiency of the evidence having been raised, it is only necessary to give a short statement of the facts in order to correctly determine the proposition of law herein presented.

The defendant, about 3…