Miller v. State

POWELL, Judge.

Earl Ernest Miller was charged in the district court of Pottawatomie County with the crime of operating a motor vehicle upon a public highway of Oklahoma while under the influence of intoxicating liquor, second and subsequent offense; was convicted, but the jury being unable to agree upon the punishment to be assessed, left that to the court, who fixed the penalty at a fine of $100 and imprisonment in the State Penitentiary for one year.

Counsel for the plaintiff in error filed petition in error and case-made in this court on December 3, 1957, the last day of the six months…