McGill v. State

WOODLEY, Judge.

Upon a trial before the court, appellant was found guilty and fined $50 for driving while intoxicated.

The appeal is predicated upon the claim that the evidence is not sufficient to sustain a finding that appellant drove the automobile at the time in question.

Appellant was arrested about four miles east of Bryan, on Highway No. 21 in Brazos County, and the highway patrolmen who made the arrest testified that he was drunk and vomiting at the time of the arrest.

Patrolman O. L. Luther testified: “My partner and I were on routine patrol and headed east on Highway 21 when we noticed…