Diamond v. State

MORRISON, Judge.

The offense is driving while intoxicated, as a second offender, a felony; the punishment, ten days in jail and a fine of $100-00.

The witness Parker testified that as he was returning to Houston on the day in question he overtook a truck but was unable to pass it because the truck was being driven back and forth across the center stripe, causing automobiles to leave the paved portion of the highway; that one of the automobiles which they met was a highway patrol car which made a U turn and brought the truck driven by appellant to a stop. He stated that he remained at the scene…