Gilder v. State

The opinion as originally prepared by Judge Dally as a Commissioner for this Court, omitting the formal parts, is adopted as a part of this, the dissenting opinion:

[The appellant challenges the sufficiency of the evidence, his statement of this ground of error being “ . . . that there is no testimony from any witness that the defendant was intoxicated . ”

State Highway Patrolmen Wyatt and Cooley and their supervisor, Sergeant Cleckler, were cruising in a Highway Patrol car, about three miles north of Alvin, *728in Brazoria County, on State Highway 35. The officers observed a car approaching them…