Ball v. State

Section 8174, Code of 1942, makes it unlawful and punishable for any person "who is under the influence of intoxicating liquor" to drive any vehicle within this State, the punishment therefor to be by imprisonment for not less than ten days nor more than one year, or by a fine of not less than $100 nor more than $1,000, or by both such fine and imprisonment.

The appellant was convicted under this statute before a justice of the peace and was ordered to pay a fine of $100 and all costs. He paid said fine and costs, but then appealed the case to the circuit court. He evidently decided to take…