Russell v. State

Defendant, Thomas Aben Godfrey Bussell, ay as charged in the district court of Tulsa county with the crime of driving a motor vehicle Avhile under the influence of intoxicating liquor, Avas tried, convicted and sentenced to pay a fine of $100 and to serve 90 days in the State Penitentiary, and has appealed.

The first assignment of error is that the evidence of the state is insufficient to sustain the conviction and that the court erred in refusing to sustain a demurrer thereto.

The record discloses that on the night of November 2, 194-0, defendant Avas driving his automobile on U. S. HighAvay…