Gilmore v. State

BELCHER, Judge.

Appellant was convicted of the offense of unlawfully operating a motor vehicle upon a public highway while intoxicated and assessed a fine of $100.

Witnesses for the state testified that they saw appellant operating his car upon a public highway in Coryell County, Texas, on November 24, 1952; that after a signal the appellant stopped his car; that they talked to him and observed his actions and speech; that they smelled alcohol on his breath; that in their opinion he was intoxicated; and that a small quantity of whiskey was found in his car.

Appellant’s testimony was that he went…