Martin v. State

MEMORANDUM OPINION

Edward L. Martin, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Okmulgee County for the offense of Operating a Motor Vehicle While Under the Influence of Intoxicating Liquor; his punishment was fixed at ten days imprisonment in the county jail, and a fine of $100.00 and costs.

This case must be reversed for the reason that the State, in the opening statement, referred to the fact that the defendant refused to sign a Consent to Take a Blood Test. The arresting officer testified, on direct examination, that the defendant refused…