Olson v. State

OPINION

JACKSON, Commissioner.

The conviction was for the misdemeanor offense of driving a motor vehicle on a public highway while intoxicated on a plea of not guilty before a jury; the punishment, assessed by the jury, $100 fine and one year in jail.

No question is raised as to the sufficiency of the evidence. Appellant did not testify.

Appellant’s first contention is that the court erred in asking counsel in the presence of the jury, after a verdict of guilty and while the court was preparing a charge to the jury on the punishment phase of the trial, if he had any objection to the jury going…