Frost v. State

314 S.W.2d 33 (1958)

Clifton M. FROST

v.

STATE of Tennessee.

Supreme Court of Tennessee.

May 2, 1958.

H.H. McKnight, Memphis, for plaintiff in error.

Thomas E. Fox, Asst. Atty. Gen., for defendant in error.

TOMLINSON, Justice.

This is an appeal from a conviction of driving while intoxicated with punishment fixed by the jury at a fine of $250 and confinement in the workhouse for 11 months and 29 days.

The State invoked upon the trial Code, Section 59-1035 providing that for the third or subsequent conviction of so driving a fine of not less than $50 and confinement at not less than 60 days is required.

Th…