State v. Collins

— The appellant was convicted in the circuit court of Howell County of operating an automobile while intoxicated, and his punishment was assessed at a fine of one dollar and costs. From judgment and sentence, the appellant has duly appealed.

This is the second trial of this case. In the first trial the jury was unable to agree upon a verdict. The principal assignment of error by the appellant was that the prosecuting attorney committed reversible error in his closing argument. This will require a brief review of some of the evidence.

Marshall Brooks testified that he was a constable of Cabool,…