Daggs v. State

BRETT, Presiding Judge.

Plaintiff in error, Homer Baty Daggs, -defendant below, was charged by information in the District Court of Pontotoc •County, Oklahoma, with the crime of operating a motor vehicle while under the influence of intoxicating liquor, second and subsequent offense, 47 O.S.19S1 § 93, tried by a jury, convicted, and his punishment fixed at a fine of $100 and eighteen months confinement in the state penitentiary. Judgment and sentence were entered accordingly, from which this appeal has been perfected.

The defendant first complains that the trial court in its instructions four…