McHenry v. State

The plaintiff in error, hereinafter called defendant, was convicted in the district court of Woods county on a charge of driving an automobile while intoxicated, and sentenced to serve a term of six months in the state penitentiary and to pay a fine of $300.

Defendant contends first that the law under which the prosecution was had (section 3, c. 16, Session Laws 1923), is unconstitutional as being in violation of section 57, art. 5, of the Constitution. This contention has been ■decided adversely to defendant in the case of Simpkins v. State (Okla. Cr.) 249 P. 168.

The complaint is next made…