Abshire v. State

MEMORANDUM OPINION

BUSSEY, Judge:

Appellant, Myrl Clinton Abshire, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Cleveland County, Case No. CRM-75-1216, for the offense of Driving While Under the Influence of Intoxicating Liquor, in violation of 47 O.S.1971, § 11-902. The jury fixed his punishment at ten (10) days’ imprisonment in the County Jail, and from said judgment and sentence an appeal has been perfected to this Court.

Briefly stated, at the trial the evidence presented by the State tended to establish that in the early evening of September…