Evans v. State

DICE, Commissioner.

Appellant was charged by indictment with the subsequent offense of drunk driving, a felony. Upon the trial, the court withdrew from the jury’s consideration that part of the indictment alleging the prior conviction and submitted only the issue of appellant’s guilt of the misdemeanor offense alleged.

This is an appeal from a judgment entered by the court upon the jury’s verdict finding appellant guilty of the misdemeanor offense of drunk driving and assessing his punishment at thirty days in jail and a fine of $250.

It was undisputed that appellant was stopped and arrested at…