Butler v. State

POWELL, Presiding Judge.

Olin Billy Butler was charged by information in the county court of Payne County with the offense of driving a motor vehicle on a public highway while under the influence of intoxicating liquor, was found guilty by a jury with punishment fixed at a term of 45 days in the county jail, and a fine of $100 and costs.

The case is here on appeal with but one assignment of error urged for reversal. It is argued that the evidence was insufficient to convict the defendant, and, therefore, the court should have sustained the demurrer.

At the outset counsel urges that the facts in…