Maghe v. State

DICE, Commissioner.

The conviction is under Art. 802b, Vernon’s Ann.P.C., for the felony offense of driving while intoxicated; the punishment, three years in the penitentiary.

The state’s evidence shows that on the night in question, a large trailer truck, operated by the state’s witness Clifford Knisley, became stalled on U. S. 87 near the town of Hartley in Hartley County. The driver immediately set out flares to the front and side of the truck and had the blinker lights on the vehicle operating. Around 12:15 a. m., while he was waiting for a tow truck and directing traffic with a flashlight,…