O'Reilly v. State

BROWN, Justice.

The petitioner was convicted of the offense of “operating a motor vehicle upon a highway while under the influence of intoxicating liquor, contrary to law,” an offense denounced by section 3324 of the Code 1923, which provides that: “Whoever operates a motor vehicle while in an intoxicated condition is guilty of a misdemeanor and upon conviction shall be fined not exceeding five hundred dollars, and may, in the discretion of the court be sentenced to imprisonment in the county jail or to hard labor for the county for a term not exceeding six months.”

Under the terms of this…