BRADY, Justice.
Defendant was convicted of a misdemeanor; i. e., operating a motor vehicle while in an intoxicated condition. The jury fixed his punishment at a fine of $100.00. Judgment was entered accordingly. He appeals.
It is not necessary to burden this opinion with a recitation of the facts. Defendant advances only one point; i. e., the giving of Instruction No. 5 which reads: "The Court instructs the jury that if you find and believe from the facts...
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