Legal Opinion · Dissent

Waldrep v. State

Court of Criminal Appeals of Texas

Decided June 10, 1964No. 36986Published

1DissentMcDONALD, Judge

I think that the true test of intoxication, or being under the influence of intoxicants, is by testimony adduced showing the opinion formed by the officer, upon the alleged occasion in question, and not how the appellant might have acted upon other occasions. To me, this type of testimony as adduced from Officer Pitts, amounts to allowing this state witness to bolster his own testimony by first saying that he knew the accused, had seen him on other occasions, and that he did not talk or act like he did when he had not been drinking; that he had been drinking alcoholic beverages and was drunk.…

2Cases cited3 opinions

  1. Lovett v. StateCourt of Criminal Appeals of Texas · 1953
  2. Shearin v. StateCourt of Criminal Appeals of Texas · 1955
  3. Williams v. StateCourt of Criminal Appeals of Texas · 1956

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