King v. State

Hawkins, Judge.

Conviction is for driving an automobile upon a public highway while appellant was intoxicated.

We find the record presents an unusual situation.

After instructing the jury what penalty they could assess in event they found appellant guilty of “drunk driving,” the court also told them they might: “ * * * in addition to the penalty, if any, you may assess, you shall state the length of time the defendant shall be prohibited from driving any motor vehicle on the highways of this State, not to exceed two years.”

No objection was interposed to said instruction, but same was not the…