Hale v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for driving while intoxicated. The court assessed punishment at a fine of fifty dollars and six months in jail, probated.

Appellant’s sole contention is that the trial court erred in admitting into evidence a blood sample taken from him without his consent while he was unconscious in a hospital emergency room following an automobile accident. Specifically, appellant contends that the blood sample, taken from a “free flowing wound” by two Department of Public Safety patrolmen, was the product of an illegal search and seizure in violation…