Gilbert v. State

DAVIDSON, Judge.

This is a conviction for driving while intoxicated; the punishment, a fine of $50.00 and confinement in jail for ten days.

Three members of the highway patrol, attracted by the manner in which appellant was driving his car on the public highway — that is, from one side of the highway to another, stopped him. They testified that they could smell intoxicating liquor on his breath and that he was under the influence thereof.

This testimony made a case for the State and was sufficient to support the jury’s conclusion of guilt.

Appellant did not testify as a witness in his own behalf.…