BOBBITT, J.
Appellant was charged by affidavit under the Acts of 1939, ch. 48, § 52, p. 289, being § 47-2001(b), Burns' 1952 Repl., with the offense of operating a motor vehicle while under the influence of intoxicating liquor, tried by jury, found guilty as charged, fined in the sum of $50, and sentenced to the Indiana State Farm for a period of sixty days.
The sole error assigned is the overruling of appellant's motion for a new trial.
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