DRUMN v. STATE

DRUMN v. STATE
1957 OK CR 90
318 P.2d 893
Case Number: A-12489
Decided: 10/09/1957
Oklahoma Court of Criminal Appeals

Appeal from the District Court of Washington County; James T. Shipman, Judge.

James Lee Drumn was convicted of the crime of operating a motor vehicle upon a public highway while under the influence of intoxicating liquor, second and subsequent offense, and appeals. Affirmed.

Neptune & Stocker, Bartlesville, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., Sam H. Lattimore, Asst. Atty. Gen., for defendant in error.

POWELL, Judge.

¶1 James Lee Drumn, plaintiff in error, hereinafter referred to as defendant, was charged by information filed in the district court of Washington County with the crime of operating a motor vehicle while under the influence of intoxicating liquor, after having been previously convicted of operating a motor vehicle while under the influence of intoxicating liquor. The defendant waived a jury and was tried before the court. He was sentenced to serve one year in the State Penitentiary, and to pay a fine of $1, the minimum for the crime charged. The evidence is conclusive and unrefuted.

¶2 Here on appeal, but one specification of error is advanced, and being that: "The court erred in overruling the demurrer of the defendant to the information on the ground that the court had no jurisdiction over the subject matter, in that there had been no second and subsequent offense under the 1955 drunk driving act."

¶3 The above proposition has recently had the attention of this court in the case of Miller v. State, 316 P.2d 203, and the conclusions there reached are contrary to the contention here advanced by the defendant. That case may be referred to for reasons for our conclusions.

¶4 See, also, the following authorities: Spann v. State, 69 Okl.Cr. 369, 103 P.2d 389; State v. Buttignoni, 118 Wash. 110, 203 P. 76; State v. Staples, 100 N.H. 283, 124 A.2d 187; and State ex rel. Griffith v. Anderson, 117 Kan. 540, 232 P. 238.

¶5 The judgment appealed from is affirmed.

BRETT, P.J., and NIX, J., concur.