Frost v. State

This is an appeal from a conviction of driving while intoxicated with punishment fixed by the jury at a fine of $250 and confinement in the workhouse for 11 months and 29 days.

The State invoked upon the trial Code, Section 59-1035 providing that for the third or subsequent conviction of so driving a fine of not less than $50 and confinement at not less than 60 days is required.

The indictment did not give notice until the case was called for trial that Code, Section 59-1035 would be invoked. Thus, during the introduction of its proof in chief, the State, over the objection of Frost, introduced…