Weeks v. State

ON MOTION FOR REHEARING.

BEAUCHAMP, Judge.

In her motion for rehearing appellant insists that the evidence was insufficient to warrant a conviction because it does not show that the beer involved was intoxicating. On the other hand, the witnesses who drank a part of it said that they did not become intoxicated.

Appellant presents that under the rule laid down in Holman v. State, 14 S. W. (2d) 849, the proof is insufficient because it does not affirmatively show the beverage to be intoxieating. It is apparent that appellant overlooks the definition of “beer” as contained in the present statute.…