Roberts v. State

ON APPELLANT’S MOTION FOR REHEARING

DAVIDSON, Judge.

The former opinion delivered herein is withdrawn, and the following is substituted in lieu thereof:

The offense is the driving of a motor vehicle while intoxicated upon a public highway; the punishment assessed, three days in jail and a fine of $50.

Highway patrolmen testified that they apprehended appellant driving his automobile upon a public highway and that he was intoxicated at the time. Appellant was arrested and carried to jail. The sheriff, who observed him at the time, testified that he was then intoxicated.

A quart of wine in a…