State v. Sheldon

The State of Oklahoma commenced his prosecution in the county court of Kay county by filing an information against Edward Joseph Sheldon, charging that on or about March 25, 1950, the accused did drive an automobile on a public highway while under the influence of intoxicating liquor. A demurrer to the information was interposed on behalf of the defendant, which demurrer was sustained and the ease was dismissed. The state saved its exception to each of the actions of the court and has brought this appeal to the Criminal Court of Appeals.

The trial court sustained the demurrer interposed by the…