Buchta v. State

This is an appeal from a judgment on a verdict finding the appellant guilty of the second offense of operating a motor vehicle while under the influence of intoxicating liquor, for which he was fined $10.00 and ordered imprisoned in the Indiana State Prison for a term not less than one nor more than three years, under §47-2001 (b), Burns’ 1952 Replacement. The error assigned here is the overruling of appellant’s motion for a new trial.

The amended affidavit charged a prior conviction October 4, 1950, in the Martin Circuit Court, and that on December 31, 1952, in Warrick County on public…