Capps v. State

WOODLEY, Presiding Judge.

The offense is driving an operating a motor vehicle upon a public highway while intoxicated; the punishment, ten days in jail and a fine of $100.

Reversal is sought upon two points, the first being the contention that “there was no evidence that a motor vehicle was moved along, across or upon a public highway while under the control of Defendant.”

Seventeen year old Jerry Hester testified that as he went out the door of a cafe at the intersection of Farm Road 400 and U.S. 82, between 10 and 11 o’clock at night:

“I heard some tires squealing and I looked around and seen a…