Boney v. State

OPINION

BROWN, Commissioner.

Appellant was convicted by a jury of driving while intoxicated. The jury assessed punishment at a fine of Five Hun dred Dollars and 365 days confinement in jail. The jury further found that appellant was entitled to probation and recommended probation as to the jail time but not the fine. The court pl'.^oU appellant on probation for two years.

Appellant urges four grounds of error, but in view of our disposition of the case, only the first ground will be discussed. Initially, appellant contends that the court erred in permitting the prosecution, over appellant’s…