Gamboa v. State

OPINION

ONION, Presiding Judge.

This appeal arises out of a conviction for driving while intoxicated a motor vehicle upon a public highway. The trial was before the court without the intervention of a jury. The punishment assessed was 9 months in the County Jail and a $100.00 fine.

At the outset, appellant vigorously challenges the sufficiency of the evidence to sustain the conviction, particularly contending that the evidence fails to reflect that he was the driver of the motor vehicle in question.

Jack Slay testified that on March 7, 1970, he arrived at the scene of an automobile collision at…