Musgrove v. State

MORRISON, Judge.

The offense is driving while intoxicated, as a second offender; the punishment, sixty days in jail and a fine of $500.00.

Two members of the Texas Highway Patrol and a deputy sheriff testified that they observed a pickup truck being driven erratically and that they brought it to a halt and arrested the appellant, who was the driver thereof. Each of them testified that, in their judgment, appellant was under the influence of intoxicants. They stated that they found a full bottle and a half full bottle of bay rum in the pickup, smelled the contents thereof, and found it to have…