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STATE v. ATWELL

No. 47.

97 So.2d 125 (1957)

STATE of Florida, Petitioner, v. Arthur Ray ATWELL, Respondent.

District Court of Appeal of Florida. Second District.

Rehearing Denied October 16, 1957.

Attorney(s) appearing for the Case

R.B. Huffaker, State's Atty., Tenth Judicial Circuit, Bartow, Clifton M. Kelly, County Solicitor, Lakeland, and Monte J. Tillis, Jr., Asst. County Solicitor, Bartow, for petitioner.

L.D. Oxford (of Oxford & Oxford), Lakeland, for respondent.

ALLEN, Judge.

Arthur Ray Atwell, respondent here, was convicted in the Criminal Court of Record, Polk County, Florida, of driving an automobile while under the influence of an intoxicating liquor. The Judge of the Criminal Court of Record sentenced the respondent to be confined in the County Jail of Polk County, Florida, at hard labor for a term of 90 days and pay court costs.

An appeal was duly taken from said judgment and sentence and on May 6, 1955, the...

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