Harward v. State

ON APPELLANT’S MOTION FOR REHEARING

DICE, Judge.

Appellant urges as fundamental error that the court failed to give a proper charge to the jury with respect to the penalty for the offense of driving a motor vehicle upon a public highway while intoxicated, charged against him in the information.

The court, in his charge, instructed the jury that if they found appellant guilty they would “fix his punishment at confinement in the county jail for not less than three (3) days nor more than two (2) years, and by a fine of not less than fifty dollars ($50.00) nor more than Five Hundred Dollars…