Hutson v. State

DICE, Judge.

The conviction is for driving a motor vehicle upon a public highway while intoxicated; the punishment, three days in jail and a fine of $50.

The state’s evidence shows that the appellant, while driving an automobile upon a public highway in Montague County, was stopped and arrested by State Highway Patrolmen E. R. Moore and Jerry Smith.

Both patrolmen testified that, before stopping the appellant, they observed the car weaving on the road, on and off the shoulder, and, after they had stopped the appellant, they found a pint bottle of whiskey almost empty in the car. They further…