Pitts v. State

NIX, Judge.

The plaintiff in error, Clarence “Dutch” Pitts, hereinafter referred to as the defendant, was charged by information in the District Court of Garfield County with the crime of operating a motor vehicle while under the influence of intoxicating liquor, after having been previously convicted of the same offense, thus constituting a felony. The defendant was tried before a jury, found guilty and his punishment fixed at 5 years in the state penitentiary and to pay a fine of $100.

The defendant, for reversal or modification, relies upon two assignments of error:

1. That the court erred in…