Sloan v. State

BUSSEY, Presiding Judge:

Homer Arnold Sloan, hereinafter referred to as defendant, was charged, tried, and convicted on December 14, 1970, in the District Court of Kay County with the offense of Driving a Motor Vehicle While Intoxicated and Under the Influence of Intoxicating Liquor, Second Offense; his punishment was set at three years imprisonment and a Five Hundred Dollar fine; from said judgment and sentence a timely appeal has been perfected to this Court.

This case must be reversed and remanded, for it affirmatively appears from the Record that during the opening statement of the State,…