Ashley v. State

237 S.W.2d 311 (1951)

ASHLEY

v.

STATE.

No. 25085.

Court of Criminal Appeals of Texas.

January 3, 1951.

Rehearing Denied March 21, 1951.

Burks & McNeil, Lubbock, for appellant.

George P. Blackburn, State's Atty., of Austin, for the State.

DAVIDSON, Commissioner.

The offense is the driving, while intoxicated, of an automobile upon a public highway; the punishment, a fine of $50.

The disputed issue of fact was whether appellant was intoxicated at the time he was driving the automobile.

Two highway patrolmen, after detailing the acts and conduct of the appellant, testified that in their opinion appellant was…