Mozley v. State

DICE, Judge.

The conviction is for driving while intoxicated; the punishment, forty days in jail and a fine of $100.

The state’s evidence shows that the appellant was arrested around midnight while driving his automobile on a public street in the city of Dallas. C. E. Ellis, the arresting officer, testified that he stopped the appellant after he had observed his automobile weaving from the right to the left and going off the road; that he could smell a strong odor of alcohol on appellant’s breath; that he was unsteady on his feet; and that, in his opinion, the appellant was intoxicated. Officer…