Phenis v. State

Defendant, F. H. Phenis, was charged in the district court of Ellis county with the crime of driving a motor vehicle while under the influence of intoxicating liquor, was tried, convicted, and sentenced by the court to pay a fine of $100' and costs, and has appealed.

The only contention for reversal of this case is that the evidence was insufficient to sustain the judgment and sentence, and that the court erred in refusing to sustain a demurrer to the evidence of the state.

The statute upon which the charge is based, section 10324, Okla. Stats. 1931, 47 O. S. A. 1941 § 93, is as follows :

“It…