Talley v. State

WOODLEY, Judge.

The offense is drunk driving; the punishment, 7 days in jail and a fine of $50.

The sufficiency of the evidence to sustain the conviction is not challenged.

The state’s evidence reflects that, after midnight, Ralph Byrd and Robert L. Campbell, Patrolmen of the Texas Department of Public Safety, were in a patrol car traveling east on Texas Highway 31 toward Kilgore when they met two cars, one of which was a 1957 Dodge being driven by appellant.

The officers noticed that this car was weaving in the lane of traffic. They immediately turned in pursuit and saw the 1957 Dodge weave and…