Sublett v. State

DAVIDSON, Judge.

This is a conviction for driving an automobile while intoxicated upon a public highway; the punishment, a fine of $200 and 90 days in jail.

Appellant’s apprehension and arrest grew out of an automobile collision.

Witnesses for the state testified to appellant’s intoxicated condition, while the testimony of the appellant and his witnesses showed that he was not intoxicated at the time.

Thus, under the testimony, the direct issue of appellant’s guilt was drawn. It was the province of the jury to believe the state’s testimony.

Policeman Howe, the arresting officer, arrived at the…