Gilbert v. State

WOODLEY, Judge.

The conviction is for driving a motor vehicle upon a public highway while intoxicated; the jury having assessed the minimum punishment.

Appellant, testifying in his own behalf, admitted having taken two small drinks a short time before his arrest, but denied that he was intoxicated.

The highway patrolman who made the arrest and the officer who admitted appellant to the jail testified that he was intoxicated.

The jury resolved the issue against appellant’s contention and the evidence is sufficient to sustain the conviction.

Appellant urges two claims of error.

A motion was filed…