Waite v. State

By information plaintiff in error, hereinafter called the defendant, was charged in one count in that he did “unlawfully operate or was the person in actual physical control of a motor vehicle * * * while * * * under the influence of alcoholic liquor * * In a second count, it was charged that the offense complained of in the first count was a third ofíense.

The defendant, on a plea of not guilty, was tried to a jury on the issues presented. A verdict of guilty was returned. As a result of a hearing before the court the allegations of count II were found to be true. Defendant was sentenced to…