Rheuark v. State

Defendant, Benjamin H. Rheu-ark, was charged in the district court of Tulsa county with the crime of driving and operating a motor vehicle over and upon a public highway in the city of Tulsa while under the influence of intoxicating liquor; and the further charge that he had been previously convicted of the same offense, and served a term of one year in the State Penitentiary by reason thereof. He was tried, convicted, and sentenced to serve a term of one year and one day in the State Penitentiary, and has appealed.

This appeal was filed in this court on March 28,1947, and the case was…