Kennedy v. State

The defendant, Oscar M. Kennedy, was charged by information in the district court of Ellis county with the crime of driving an automobile while under the influence of intoxicating liquor, was tried, the jury returned a verdict of guilty and assessed the punishment at 60 days in the penitentiary, and a $20 fine, with a notation upon the verdict “with recommendation that sentence be suspended.”

It is insisted that the court erred in overruling the demurrer of the defendant to the evidence of the state, and in refusing to instruct the jury to return a verdict of not guilty for the reason that the…