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NICKLE v. REEDER

No. 19390.

357 P.2d 921 (1960)

Herbert L. D. NICKLE, Plaintiff in Error, v. Arthur S. REEDER, Defendant in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied January 9, 1961.

Attorney(s) appearing for the Case

Mellman, Mellman & Thorn, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., J. F. Brauer, Asst. Atty. Gen., for defendant in error.

PER CURIAM.

Nickle, plaintiff in error, was convicted in the Superior Court of the City and County of Denver of driving a motor vehicle while under the influence of intoxicating liquor. The information disclosed that he had been convicted of the same offense within the previous five years. Under the statute C.R.S. '53, 13-4-30 the punishment on second conviction is not less than ninety days nor more than one year in jail. He was found guilty and sentenced to "the...

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