Martinez v. State

BELCHER, Judge.

The conviction is for the felony offense of driving while intoxicated; the punishment, 45 days in jail.

The state’s testimony shows that the appellant was intoxicated while he was driving an automobile upon a public highway at the time and place in question.

Proof was offered of the prior conviction alleged and appellant was identified as the same person named in said previous judgment of conviction.

Appellant did not testify, but called his wife as a witness who testified that he was driving the car at the time and place alleged but that he was not intoxicated.

We find the…