Royal v. State

MORRISON, Judge.

*599The offense is driving while intoxicated; the punishment, 20 days in jail and a fine of $50.00.

The original opinion herein is withdrawn, and the following substituted in lieu thereof.

Bill of Exception No. 13 complains of an allusion to the failure of the appellant to testify contained in the following argument of the prosecutor, to-wit:

“According to Mr. Vaughan, and nobody has denied the truth, Mr. Vaughan said to him when he arrested him, ‘You are drunk.’ He said, ‘No, I am not drunk, I have had some beer.’ According to my observation hie had become intoxicated and under the…