McCann v. State

POWELL, Judge.

This is an appeal from a conviction for driving while under the influence of intoxicating liquor, second offense, and where the jury assessed punishment at confinement in the State Penitentiary for one year, and a fine of $100. See 47 O.S.Supp.1955 § 93.

The pertinent portion of the information, filed in the district court of Tulsa County, reads:

“ * * * that Emmitt Frank Mc-Cann, on the 2nd day of September, A. D.1956, in Tulsa County, State of Oklahoma, and within the jurisdiction of. this court, did unlawfully, wilfully, wrongfully and feloniously drive and operate a motor…