State v. Courson ( 1944 )

Per Curiam.

Defendant was indicted by the grand jury of Polk County, I’owa, on May 5, 1944, for second offense, operating a motor vehicle while intoxicated, as defined in section 5022.02 of the Code of Iowa, 1939. He pleaded not guilty, was tried and convicted, and sentenced to pay a fine of $600 and costs, and in default of the payment of such fine was to be confined in the county jail of Polk County, Iowa, for a period of six months, and he appealed to this court.

The ease came to this court on a clerk’s transcript. We have'examined the same and find no error therein. However, by reason of Code section 13964, the sentence should be modified to require the defendant, in default of payment of the $600 fine, to serve one hundred eighty days in the county jail of Polk County, Iowa. The sentence so modified is affirmed. — Modified and affirmed.