Lovett v. State

WOODLEY, Judge.

Upon a trial for the offense of operating a motor vehicle upon a public highway while intoxicated, appellant was found guilty by the jury, his punishment being assessed at a fine of $100.

The court instructed the jury that the state relied upon circumstantial evidence. The evidence is sufficient to support the conviction under such charge.

Appellant filed a motion for continuance based upon the absence of two witnesses and in such motion under oath alleged that such witnesses, if present, would testify that on the date alleged, appellant at no time was driving an automobile while…