Butler v. State

WOODLEY, Presiding Judge.

The offense is driving a motor vehicle upon a public highway while intoxicated; the punishment, 30 days in jail and a fine of $200.

About 11:25 P.M. on November 6, 1960, State Highway Patrolman J. W. Wilson and Bob H. Smith stopped appellant, who was driving a 1960 Olsmobile on the highway. They each testified that they observed the automobile swerve back and forth upon the highway and followed it; that appellant was “driving all over the roadway, back and forth.” The stopped the patrol car behind him.

According to the testimony of the officers, Patrolman Wilson went up…