Armstrong v. State

POWELL, Judge.

Roy William Armstrong, plaintiff in error, hereinafter referred to as defendant, was charged by information filed in' the county court of Okmulgee County with the offense of operating a motor vehicle upon a public highway while under the influence of intoxicating liquor; was tried before a jury, convicted, and his punishment fixed at confinement in the county jail for ten days. When advised by the court that they would also be required to fix a fine in connection therewith, the jury retired and added a “$25.00 fine.” 47 O.S.A. § 93.

In his brief defendant says that the case…