(Syllabus.) Automobiles — Punishment for Driving Automobile While Intoxicated Held Excessive and Reduced. Six months penitentiary sentence and $500 fine for driving automobile while intoxicated held excessive and reduced to extent of striking out imprisonment assessed.
EDWARDS, J.
On a petition for rehearing it is earnestly urged that the punishment assessed is excessive and that justice requires that the judgment should be modified. We have again examined the record and are of the opinion that this contention is well founded.
The judgment ( 39 Okla. Cr. 8, 262 P. 702) is therefore modified to the extent of striking out the imprisonment assessed. The petition for rehearing is overruled. Mandate forthwith.
DOYLE, P.J., and DAVENPORT, J., concur.