Brady v. State

HAWKINS, Judge.

Appellant is under conviction for driving an automobile on the public highway while intoxicated, punishment being one year in the penitentiary.

The contention is made that the evidence does not support the verdict. A car driven by Mr. Nix was on the public highway between Denison and Sherman proceeding in the direction of Denison. In the car with Nix were four other parties. Davis, who was in the Nix car, testified:

“After we passed there (referring to an overhead crossing), there were two gentlemen coming down the road; about fifty yards before they met us they run off the…