Ginther v. State

OPINION ON STATE’S MOTION FOR REHEARING

CAMPBELL, Judge.

Appeal is taken from a conviction for driving while intoxicated. Appellant was assessed a punishment of three days confinement and a fifty dollar fine, probated. On original submission, in an en banc opinion, we reversed the conviction because the trial court failed to base a ruling, which excluded an out-of-court experiment, upon “any facts or knowledge of the circumstances of the experiment.” We now withdraw the opinion on original submission and affirm.

A review of the pertinent facts reveals the following: The state introduced evidence…