Varner v. State

BUSSEY, Presiding Judge:

J. D. Varner, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court of Stephens County, Oklahoma for the offense of Operating a Motor Vehicle under the Influence of Intoxicating Liquor, Second and Subsequent Offense. His punishment was fixed at three (3) years imprisonment, and from said judgment and sentence, a timely appeal has been perfected to this Court.

At the trial, Trooper Allen testified that at approximately 12:00 o’clock a. m. on August 29, 1970, he observed the defendant backing his pickup north in the south-bound…