Carter v. State

DICE, Judge.

The conviction is for driving while intoxicated; the punishment, 3 days in jail and a fine of $100.

The state’s evidence shows that on the night in question, Highway Patrolman Charles Skinner, in response to a call, drove to a point on U. S. Highway 385, approximately four miles north of the city of Hereford in Deaf Smith County, where a lake had covered the highway. When he arrived shortly after 11 P.M., he observed a 1959 two tone green and white Chevrolet automobile parked off the pavement in a ditch in the lake. Appellant was seated alone in the automobile behind the steering…