Legal Opinion

Stephens v. State

Court of Criminal Appeals of Texas

Decided March 16, 1955No. 27480PublishedCited by 9 opinions

1Opinion of the Court

MORRISON, Presiding Judge.

The offense is driving while intoxicated as a second offender, as denounced by Article 802b, V.A.P.C.; the punishment, a fine of $100.00.

State Highway Patrolmen Womack and Hatton testified that on the day in question they observed a pickup truck weaving on the highway; that as it stopped for a red light they instructed the appellant, who was the driver thereof, to get out; that they smelled his breath, observed his manner of speech and manner of walking, and concluded that he was intoxicated. A partially empty bottle of whiskey was found in the truck, and the…

2Cases cited4 opinions

  1. Ellis v. StateCourt of Criminal Appeals of Texas · 1938
  2. Broughton v. StateCourt of Criminal Appeals of Texas · 1945
  3. Mullins v. StateCourt of Criminal Appeals of Texas · 1940
  4. Allen v. StateCourt of Criminal Appeals of Texas · 1945

3Cited by9 opinions

  1. Shepherd v. State, Texas Court of Appeals, 1st District (Houston)1984
  2. Loud v. StateCourt of Criminal Appeals of Texas · 1973
  3. Platter v. StateCourt of Criminal Appeals of Texas · 1980
  4. Martinez v. StateCourt of Criminal Appeals of Texas · 1956
  5. Mitchell v. StateCourt of Appeals of Texas · 1997

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